Montana v. Slay et al, No. 2:2020cv02812 - Document 30 (E.D. La. 2022)
Court Description: ORDER AND REASONS ADOPTING REPORT AND RECOMMENDATIONS 29 . The Court dismisses Tevin Montana's petition with prejudice. Signed by Judge Sarah S. Vance on 01/05/2022.(ko)
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Montana v. Slay et al Doc. 30 Case 2:20-cv-02812-SSV-DMD Document 30 Filed 01/05/22 Page 1 of 2 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA TEVIN MONTANA CIVIL ACTION VERSUS NO. 20-2812 RODNEY SLAY, WARDEN SECTION “R” (3) ORDER AND REASONS Tevin Montana petitions this Court for a writ of habeas corpus under 28 U.S.C. § 2254. 1 Pursuant to 28 U.S.C. § 636(b)(1)(B) 2and (C) and, as applicable, Rule 8(b) of the Rules Governing § 2254 Cases, this matter was referred to Magistrate Judge Dana M. Douglas. On November 24, 2021, Magistrate Judge Douglas issued a Report and Recommendation (“R&R”), recommending that petitioner’s claims be dismissed with prejudice. 3 Petitioner did not object to the R&R. Therefore, the Court reviews the R&R for clear error. Douglass v. United Servs. Auto. Ass’n, 79 F.3d 1415, 1430 (5th Cir. 1996) (en banc), superseded by statute on other grounds, 28 U.S.C. § 636(b)(1); see also Fed. R. Civ. P. 72(b) advisory committee’s note (1983) (“When no timely objection is filed, the court need only satisfy itself 1 R. Doc. 4. 2 3 R. Doc. 29. Dockets.Justia.com Case 2:20-cv-02812-SSV-DMD Document 30 Filed 01/05/22 Page 2 of 2 that there is no clear error on the face of the record in order to accept the recommendation.”). The Court finds no plain error. Thus, the Court adopts the Magistrate Judge’s R&R as its opinion. Accordingly, the Court DISMISSES the petition WITH PREJUDICE. 5th day of January, 2022. New Orleans, Louisiana, this _____ _____________________ SARAH S. VANCE UNITED STATES DISTRICT JUDGE 2
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