Stewart v. Cooley et al, No. 3:2022cv00711 - Document 15 (M.D. La. 2024)

Court Description: OPINION adopting 13 Report and Recommendations, of the U.S. Magistrate Judge. The application is DENIED and that this proceeding shall be DISMISSED WITH PREJUDICE. If Petitioner seeks to pursue an appeal in this case, a certificate of appealability shall be DENIED. Judgment shall be entered accordingly. Signed by Judge John W. deGravelles on 2/16/2024. (EDC)

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Stewart v. Cooley et al Doc. 15 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA ROLONDO STEWART (#631620) CIVIL ACTION NO. VERSUS 22-711-JWD-EWD WARDEN KEITH COOLEY, ET AL. OPINION After independently reviewing the entire record in this case and for the reasons set forth in the Magistrate Judge's Report dated January 26, 2024 (Doc. 13), to which an objection was filed and considered (Doc. 14), As the Petition Under 28 U.S.C. ยง 2254 for Writ of Habeas Corpus by a Person in State Custody filed by Rolondo Stewart (Doc. 1) is untimely, IT IS ORDERED that the application is DENIED and that this proceeding shall be DISMISSED WITH PREJUDICE. IT IS FURTHER ORDERED that, if Petitioner seeks to pursue an appeal in this case, a certificate of appealability shall be DENIED. Judgment shall be entered accordingly. Signed in Baton Rouge, Louisiana, on February 16, 2024. S JUDGE JOHN W. deGRAVELLES UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA 1 Dockets.Justia.com

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