Rutledge v. Louisiana State Penitentiary

Filing 16

JUDGMENT ORDERING that the petition for writ of habeas corpus be DISMISSED WITH PREJUDICE. Signed by Judge Richard T Haik, Sr on 10/28/09. (crt,Brazell, G)

USDC. WEST~N DtSTRICT OF LA TO~FLMOORE,CL~K

B~CEIVED

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA LAKE CHARLES DIVISION

MARK RUTLEDGE VS.

CIVIL ACTION NO. 08-0546 SECTION P JUDGE HAIK

WARDEN BURL CAIN

MAGISTRATE JUDGE METHVIN JUDGMENT

For the reasons stated in the Report and Recommendation of the Magistrate Judge previously filed herein, determining that the findings are correct under the applicable law, and noting the absence of objections to the Report and Recommendation in the record; IT IS ORDERED that the petition for writ of habeas corpus be DISMISSED WITH PREJUDICE both as time-barred by the provisions of28 U.S.C. §2244(d) and on the merits because petitioner has failed to establish that he is entitled to relief pursuant to 28 §2254(d). T~K~1J)I~ONED SIGNED, in chambers, in Lafayette, Louisiana, on this AN of__________________
,

U.s.c.

~42

2~/~iay

2009.

UNITED STATES DISTRICT JUDGE