Smith v. Young

Filing 24

JUDGMENT ADOPTING 21 Report and Recommendations, dismissing Petitioner's application for writ of habeas corpus without prejudice for failure to exhaust state court remedies. FURTHER ORDERED that Petitioner's claims challenging the termination of her parental rights and the involuntary adoption of her children are dismissed for lack of subject matter jurisdiction. Signed by Judge S Maurice Hicks on 03/06/2017. (crt,McDonnell, D)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
SHREVEPORT DIVISION

MARTHA RUTH SMITH

CIVIL ACTION NO. 15-1989-P

VERSUS

JUDGE S. MAURICE HICKS, JR.

PAUL YOUNG

MAGISTRATE JUDGE HORNSBY

JUDGMENT
For the reasons stated in the Report and Recommendation of the Magistrate Judge
previously filed herein, and after an independent review of the record, and noting the lack
of written objections filed by Petitioner and determining that the findings are correct under
the applicable law;
IT IS ORDERED that Petitioner’s application for writ of habeas corpus is
DISMISSED WITHOUT PREJUDICE for failure to exhaust state court remedies.
IT IS FURTHER ORDERED that Petitioner’s claims challenging the termination of
her parental rights and the involuntary adoption of her children DISMISSED for lack of
subject matter jurisdiction.
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 Shreveport, Louisiana, on this 6th day of March,
2017.

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