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Colvin v. Warden

United States District Court, Western District of Louisiana, Shreveport Division

February 10, 2015

JAMES L. COLVIN
v.
WARDEN

HORNSBY, MAGISTRATE JUDGE

JUDGMENT

TOMM STAGG, JUDGE

For the reasons stated in the Report and Recommendation of the Magistrate Judge previously filed herein, and after an independent review of the record, including written objections filedby Petitioner, and determining that the findings are correct under the applicable law;

IT IS ORDERED that Petitioner's application for writ of habeas corpus be DENIED AND DISMISSED WITH PREJUDICE, suasponte, because it is time-barred by the one-year limitation period imposed by the AEDPA. IT IS FURTHER ORDERED that Petitioner's motion for summary judgment be DENIED [Doc. 16].

Rule 11of the Rules Governing Section 2254 Proceedings for the U.S. District Courts requires the district court to issue or deny a certificate of appealability when it enters a final order adverse to the applicant. The court, after considering the record in this case and the standard set forth in28 U.S.C. Section 2253, denies a certificate of appealability because the applicant has not made a substantial showing of the denial of a constitutional right.


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