Bradley v. Caldwell

Filing 4

JUDGMENT ADOPTING 2 Report and Recommendations, dismissing petition for writ of habeas corpus with prejudice as time-barred. Signed by Judge S Maurice Hicks on 08/17/2015. (crt,McDonnell, D)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
SHREVEPORT DIVISION
RODRIQUE BRADLEY

CIVIL ACTION NO. 15-1849-P

VERSUS

JUDGE S. MAURICE HICKS

WARDEN NATHAN B. CAIN

MAGISTRATE JUDGE HAYES
JUDGMENT

Before the Court is petitioner Rodrique Bradley’s Section 2254 petition for writ of
habeas corpus. See Record Document 1. On July 20, 2015, the Magistrate Judge issued
a Report and Recommendation recommending that petitioner’s petition be dismissed with
prejudice as time-barred. See Record Document 2. Petitioner objected and his main
argument focused on the retroactivity of Alleyne v. United States, — U.S. —, 133 S.Ct.
2151 (2013). This Court agrees with the Magistrate Judge’s finding that “the Fifth Circuit
Court of Appeals has made it abundantly clear that Alleyne is NOT RETROACTIVE.”
Record Document 2 at 5. The Fifth Circuit has clearly “held that Alleyne does not apply
retroactively to cases on collateral review.” U.S. v. Olvera, 775 F.3d 726, 730 (5th Cir.
2015).
Accordingly, for the reasons stated in the Report and Recommendation of the
Magistrate Judge previously filed herein, and after an independent review of the record
including the objections (Record Document 3) filed by petitioner, and having determined
that the findings and recommendation are correct under the applicable law;
IT IS ORDERED that this petition for writ of habeas corpus (28 U.S.C.§ 2254) be
and is hereby DISMISSED WITH PREJUDICE as time-barred by the provisions of 28
U.S.C. §2244(d).

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.
THUS DONE AND SIGNED, in chambers, in Shreveport, Louisiana, on this 17th day
of August, 2015.

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