Henderson v. Knight et al

Filing 9

JUDGMENT adopting 7 Report and Recommendations, dismissing Petition for Writ of Habeas Corpus without prejudice for failure to exhaust state court remedies. Signed by Chief Judge S Maurice Hicks, Jr on 5/23/2018. (crt,McDonnell, D)

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA SHREVEPORT DIVISION BOBBY JOE HENDERSON CIVIL ACTION NO. 17-0630 VERSUS JUDGE S. MAURICE HICKS, JR. WARDEN KNIGHT 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, 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 is DISMISSED WITHOUT PREJUDICE for failure to exhaust state court remedies. 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 Petitioner has not made a substantial showing of the denial of a constitutional right. THUS DONE AND SIGNED, at Shreveport, Louisiana, on this 23rd day of May, 2018.

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