Bailey v. Cain et al

Filing 50

JUDGMENT adopting 43 Report and Recommendations re 8 Petition for Writ of Habeas Corpus filed by Gary A Bailey. IT IS ORDERED that Petitioner's petition for writ of habeas corpus is DENIED. The Court denies a certificate of appealability. IT IS FURTHER ORDERED that the decision of the Magistrate Judge is AFFIRMED; all requests for relief therefrom Record Document 49 are hereby DENIED. Signed by Judge Donald E Walter on 3/26/2018. (crt,Keifer, K)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
SHREVEPORT DIVISION

GARY A. BAILEY

CIVIL ACTION NO. 15-cv-0439

VERSUS

JUDGE WALTER

BURL CAIN, ET AL

MAGISTRATE JUDGE HORNSBY

JUDGMENT
For the reasons assigned in the Report and Recommendation of the Magistrate Judge
previously filed herein [Doc. #43], and having thoroughly reviewed the record, including
the appeal of the magistrate judge decision [Doc. #49] to the extent it may be construed as
written objections to the instant report, and concurring with the findings of the Magistrate
Judge under the applicable law;
IT IS ORDERED that Petitioner’s petition for writ of habeas corpus is DENIED.
Rule 11 of the Rules Governing Section 2254 Proceedings for the U.S. District
Courts requires the district court to issue or deny a certificate of appealability when it enters
a final order adverse to the applicant. The court, after considering the record in this case
and the standard set forth in 28 U.S.C. Section 2253, DENIES a certificate of appealability
because the applicant has not made a substantial showing of the denial of a constitutional
right.
To the extent Petitioner further challenges the separate order of the Magistrate Judge
[Doc. #44] denying his motion to compel an evidentiary hearing, IT IS FURTHER

ORDERED that the decision of the Magistrate Judge is AFFIRMED; all requests for
relief therefrom [Doc. #49] are hereby DENIED.
THUS DONE AND SIGNED at Shreveport, Louisiana, this the 26th day of March,
2018.