Smith v. Louisiana State Penitentiary

Filing 8

JUDGMENT ADOPTING 5 Report and Recommendations,. IT IS ORDERED that this petition for writ of habeas corpus is DENIED AND DISMISSED WITH PREJUDICE because petitioner's claims are barred by the one-year limitation period. Signed by Judge Richard T Haik, Sr on 2/5/10. (crt,Roaix, G)

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RECEIVED IN LAFAYETTE, LA. FEB -- 52010 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA CIVIL ACTION NO. 6:09-0981 SECTION P JUDGE HAIK TON___R._____O_ E, CLER~~&_ _ Y _ MO _ R BY DEPUTY'~ TERRY ST~ñTH LA. DOC #312695 VS. BURL CAIN, WARDEN JUDGMENT MAGISTRATE JUDGE HILL 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 is DENIED AND DISMISSED WITH PREJUDICE because petitioner's claims are barred by the one-year limitation period codified at 28 U.S.C. THUS day of § 2244(d). 7~1~ AND SIGNED, in chambers, in Lafayette, Louisiana, on this `-3 2O~42. ~1iICH T~ AIK H UNITED STATES DISTRICT JUDGE

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