Jones v. Warden Lafayette Parish Correction Center

Filing 17

JUDGMENT ADOPTING 11 Report and Recommendations. IT IS ORDERED that this petition for writ of habeas corpus be DISMISSED WITH PREJUDICE pursuant to the provisions of Rule 4 of the Rules Governing Section 2254 Cases in the United States District Cou rt because: 1) Petitioner has not established that he is in custody in violation of the Constitution and Laws of the United States; and 2) Because petitioner's claims are barred by the one-year limitation period codified at 28 USC Section 2244(d); and, since petitioner failed to exhaust available state court remedies his claims, although now technically exhausted, it must be dismissed as procedurally defaulted. Signed by Judge Rebecca F Doherty on 12/14/09. (crt,Guidry, C)

RECEIVED
DEC 1 4 2009
TONY A. MOORE CLERK WESTERN DIS1IRICT OF LOUISIANA LAFAYETTE LOUISIANA

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA LAFAYETTE DIVISION CIVIL ACTION NO. 09-0086 SECTION P JUDGE DOHERTY MAGISTRATE JUDGE METHVIN JUDGMENT

DOUGLAS C. JONES LA. DOC #126403 VS. LYNN COOPER, WARDEN

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 the objections filed by petitioner, and having determined that the findings and recommendation are correct under the applicable law; IT IS ORDERED that this petition for writ of habeas corpus be DISMISSED WITH PREJUDICE pursuant to the provisions of Rule 4 of the Rules Governing Section 2254 Cases in the United States District Courts because: 1. Petitioner has not established that he is in custody in violation of the Constitution and Laws of the United States; and, 2. Because petitioner's claims are barred by the one-year limitation period codified at 28 U.S.C. §2244(d); and, since petitioner failed to exhaust available state court remedies his claims, although now technically exhausted, it must be THUS DONE AND SIGNED, of

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F. DOHERTY STATES DISTRICT JUDGE