Curtis v. McCain, 16-16292. (2018)
Court: District Court, E.D. Louisiana
Number: infdco20180416780
Visitors: 17
Filed: Apr. 13, 2018
Latest Update: Apr. 13, 2018
Summary: ORDER JANE TRICHE MILAZZO , District Judge . The Court, having considered the petition, the record, the applicable law, the Report and Recommendation of the United States Magistrate Judge, and Petitioner's objections to the Magistrate Judge's Report and Recommendation, hereby approves the Report and Recommendation of the United States Magistrate Judge and adopts it as its own opinion. In Petitioner's objections, Petitioner argues that his writ application to the Louisiana Supreme Court wa
Summary: ORDER JANE TRICHE MILAZZO , District Judge . The Court, having considered the petition, the record, the applicable law, the Report and Recommendation of the United States Magistrate Judge, and Petitioner's objections to the Magistrate Judge's Report and Recommendation, hereby approves the Report and Recommendation of the United States Magistrate Judge and adopts it as its own opinion. In Petitioner's objections, Petitioner argues that his writ application to the Louisiana Supreme Court was..
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ORDER
JANE TRICHE MILAZZO, District Judge.
The Court, having considered the petition, the record, the applicable law, the Report and Recommendation of the United States Magistrate Judge, and Petitioner's objections to the Magistrate Judge's Report and Recommendation, hereby approves the Report and Recommendation of the United States Magistrate Judge and adopts it as its own opinion.
In Petitioner's objections, Petitioner argues that his writ application to the Louisiana Supreme Court was timely because it was filed fewer than thirty days from when Petitioner received the notice of the original judgment of the court of appeal. See Doc. 14. Louisiana Supreme Court Rule X, Section 5(a), however, states that the filing period begins to run when the notice of judgment is mailed, i.e. placed in the mail, not when the noticed is received. See La. Sup. Ct. R. 10, § 5(a).
Accordingly,
IT IS ORDERED that the federal application for habeas corpus relief filed by Michael Curtis is DISMISSED WITH PREJUDICE.
Source: Leagle
