Martorana v. Rogers
JUDGMENT adopting 15 Report and Recommendations, denying and dismissing Petitioner's application for writ of habeas corpus with prejudice, sua sponte, because it is time barred by the one-year limitation period imposed by the AEDPA. Signed by Chief Judge S Maurice Hicks, Jr on 2/12/2018. (crt,McDonnell, D)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
CIVIL ACTION NO. 15-2603-P
JUDGE S. MAURICE HICKS, JR.
WARDEN JAMES ROGERS
MAGISTRATE JUDGE HORNSBY
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
IT IS ORDERED that Petitioner's application for writ of habeas corpus be DENIED
AND DISMISSED WITH PREJUDICE, sua sponte, because it is time barred by the one-year
limitation period imposed by the AEDPA.
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 12th day
of February, 2018.
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