Rose v. Prince et al, No. 2:2008cv04783 - Document 16 (E.D. La. 2009)
Court Description: ORDER & REASONS ADOPTING REPORT AND RECOMMENDATIONS 12 : IT IS ORDERED that pla's Petition for Writ of H/C be DISMISSED WITH PREJUDICE as set forth herein. Signed by Chief Judge Sarah S. Vance on 9/10/09.(rll, )
Download PDF
<![CDATA[
Rose v. Prince et al Doc. 16 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA JONATHAN ROSE CIVIL ACTION VERSUS NO: 08-4783 HOWARD PRINCE, WARDEN SECTION: R(5) ORDER AND REASONS The Court, finding that as of this date neither party has objected to the Magistrate Judge’s Report and Recommendation, hereby approves the Report and adopts it as its own opinion. The Court additionally writes in response to Moore’s Motion Seeking Abeyance filed September 2, 2009. Rose asks the court to stay its dismissal pending review by the Louisiana Fifth Circuit Court of Appeal of its former procedures for handling pro-se criminal applications for supervisory writs. Cordero, 993 So.2d 203 (La. 2008). See State v. The Court denies Rose’s motion. First, it is not clear that Rose’s original application to the Louisiana Fifth Circuit Court of Appeal for a supervisory writ is subject to re-review under Cordero. Rose’s original application was denied on December 19, 2007, but the unconstitutional procedures at the Louisiana Fifth Circuit Court of Appeal ended on May 21, 2007. See Cordero, 993 So.2d at 204; Evans v. Cain, —F.3d—, 2009 WL 2370879, at *2 (5th Cir. 2009). Dockets.Justia.com In any event, the Court finds that there is no need to stay dismissal of Rose’s petition for habeas corpus relief. Any relief to which Rose may eventually be entitled as a result of the Louisiana Fifth Circuit Court of Appeal’s review of its former procedures should be sought in state courts. See, e.g., Evans v. Cain, —F.3d—, 2009 WL 2370879, at *2 (5th Cir. 2009) (denying motion to stay pending “re-review of original claims in Louisiana Fifth Circuit Court of Appeal according to the Louisiana Supreme Court’s opinion in [Cordero]”); Washington v. Louisiana, Civ. A. No. 09-3186, 2009 WL 2015556, at *4 (E.D. La. June 30, 2009) (Lemmon, J.) (same); Severin v. Jefferson, Civ. A. No. 09-2766, 2009 WL 1107713, at *4 (E.D. La. April 23, 2009) (Africk, J.) (same). Accordingly, it is ordered that the petition of Jonathan Rose for issuance of a writ of habeas corpus under 28 U.S.C. § 2254(e)(2) be DISMISSED WITH PREJUDICE. New Orleans, Louisiana, this 10th day of September, 2009. ___ ____________________________ SARAH S. VANCE UNITED STATES DISTRICT JUDGE
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
