Jackson v. Cain
3:12-cv-00767 | M.D. La. | Dec 15, 2014
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA
HOWARD L. JACKSON (#104336) CIVIL ACTION
VERSUS
N. BURL CAIN, ET AL. NO.: 12-00767-BAJ-RLB
RULING AND ORDER
Before the Court is Petitioner Howard L. Jackson’s Petition Under 28
U.S.C. § 2254 for Writ of Habeas Corpus by a Person in State Custody
(Doc. 1). The Magistrate Judge issued a Report and Recommendation
(Doc. 25),1 recommending that the Court deny Petitioner’s application for
habeas corpus relief, and, further, that the Court deny Petitioner a certificate
of appealability Petitioner filed timely objections to the Magistrate Judge’s
Report. (Doc. 26).
Having carefully considered Petitioner’s Petition (Doc. 1) and related
filings_including Petitioner’s objections-the Court APPROVES the
Magistrate Judge’s Report and Recommendation (Doc. 25) and ADOPTS
it as the Court’s opinion in this matter.
1 On August 4, 2014, the Magistrate Judge issued an initial Report, which recommended that
Petitioner’s application for habeas corpus relief be denied as untimely. (Doc. 22). Upon review of the
materials produced by Petitioner in support of his objections to the Magistrate Judge’s initial Report,
(Doc. 23), the Court was persuaded that “rare and exceptional circumstances" entitled Petitioner to
equitable tolling and thus declined to adopt the Magistrate Judge’s initial Report, (Doc. 24). The
Court referred the Petition back to the Magistrate Judge for further analysis, the product of which is
the instant Magistrate Judge’s Report_. issued November 17, 2014.
1
Accordingly, for the reasons explained in the Magistrate Judge’s
Report,
IT IS ORDERED that Petitioner’s §2254 Petition (Doc. 1) is
DENIED.
IT IS FURTHER ORDERED that a certificate of appealability is
DENIED because Petitioner has failed to “ma[ke] a substantial showing of
the denial of a constitutional right.” 28 U.S.C. § 2253(0)(2).
Baton Rouge, Louisiana, this j§'é'day of December, 2014.
era.s,@m
BRIAN A. JAC`KsoN, CHIEF JUDGE
UNITED sTATEs DISTRICT coURT
MIDI)LE DISTRICT 0F LoUIsIANA