Passaniti v. Rogers

Filing 40

ORDER adopting Report and Recommendations re 32 Report and Recommendations. Petitioner's claims of ineffective assistance of counsel and actual innocence are denied and dismissed for failure to exhaust.Signed by Judge S Maurice Hicks on 03/03/2017. (crt,McDonnell, D)

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA SHREVEPORT DIVISION LINDA KATE KEENEY PASSANITI CIVIL ACTION NO. 16-0281-P VERSUS JUDGE S. MAURICE HICKS, JR. JAMES ROGERS MAGISTRATE JUDGE HAYES ORDER For the reasons contained in the Report and Recommendation of the Magistrate Judge previously filed herein, noting the absence of objections thereto, and concurring with the Magistrate Judge’s findings under the applicable law; IT IS ORDERED that Petitioner’s claims of ineffective assistance of counsel and actual innocence be DENIED and DISMISSED for failure to exhaust. See 28 U.S.C. § 2254(b)(1)(A). Petitioner’s exhausted claims will be served on Respondent in accordance with a separate Court order. THUS DONE AND SIGNED at Shreveport, Louisiana, on this 3rd day of March, 2017.

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