Grant v. Cain

Filing 22

JUDGMENT adopting 19 Report and Recommendations re 1 Petition for Writ of Habeas Corpus filed by Derrick Dewayne Grant. IT IS ORDERED that the Petition for Writ of Habeas Corpus is DENIED. The case is DISMISSED WITH PREJUDICE. The Court grants a certificate of appealability. Signed by Judge Elizabeth E Foote on 3/21/2019. (crt,Keifer, K)

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA SHREVEPORT DIVISION DERRICK DEWAYNE GRANT #131548 CIVIL ACTION NO: 16-CV-00077 VERSUS JUDGE ELIZABETH FOOTE N. BURL CAIN, ET AL. MAGISTRATE JUDGE HORNSBY JUDGMENT In accordance with, and for the reasons set forth in, the Court’s Memorandum Order, IT IS ORDERED that the Petition for Writ of Habeas Corpus [Record Document 1] is DENIED. The case is DISMISSED WITH PREJUDICE. The Court GRANTS Petitioner a certificate of appealability pursuant to 28 U.S.C. § 2253 because he has made a substantial showing of the denial of a constitutional right regarding the references that the prosecution made during closing argument about his post-arrest silence. The Clerk of Court is directed to close this case. 21st THUS DONE AND SIGNED in Shreveport, Louisiana on this _______ day of March, 2019. _______________________________ ELIZABETH E. FOOTE UNITED STATES DISTRICT JUDGE

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