Roberson v. Deville

Filing 8

JUDGMENT ADOPTING 3 Report and Recommendations, denying and dismissing Petitioner's application for writ of habeas corpus because it is time barred by the one-year limitation period imposed by 28 USC Sec 2244(d).Signed by Judge S Maurice Hicks on 10/31/2016. (crt,McDonnell, D)

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UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF LOUISIANA SHREVEPORT DIVISION GRALEY ROBERSON CIVIL ACTION NO. 15-2422-P VERSUS JUDGE S. MAURICE HICKS, JR. WARDEN KEITH DEVILLE MAGISTRATE JUDGE HORNSBY JUDGMENT For the reasons stated in the Report and Recommendation of the Magistrate Judge previously filed herein (Record Document 3), and after an independent review of the record, including 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 (Record Document 1) is DENIED and DISMISSED WITH PREJUDICE because it is time barred by the one-year limitation period imposed by 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 the 31st day of October, 2016.

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