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Hoyt v. Cain

United States District Court, M.D. Louisiana

March 26, 2015

JOHNNY MITCHELL HOYT (#479082)
v.
BURL CAIN, ET AL

RULING AND ORDER

SHELLY D. DICK, District Judge.

This matter is before the Court on the Petitioner's Motion For Relief of Judgment Pursuant to Federal Rule of Civil Procedure (Rule') 60. [1]

I. PROCEDURAL HISTORY

A. State Court Proceedings

Petitioner was found guilty of one count of second degree murder in the Twentieth Judicial District Court for the Parish of East Feliciana, Louisiana in 2005. Petitioner was sentenced to life imprisonment at hard labor without the benefit of probation, parole, or suspension of sentence.

The First Circuit Court of Appeal affirmed the Petitioner's conviction and sentence.[2] Petitioner did not seek supervisory review by the Louisiana Supreme Court.

On February 18, 2008, the Petitioner filed a post-conviction relief application (hereafter "PCRA") in the District Court. On June 6, 2008, the trial court denied review. Petitioner filed an application for review in the Louisiana First Circuit Court of Appeal. On March 17, 2009, the court of appeal denied review.[3] Petitioner sought review by the Louisiana Supreme Court which denied review on February 5, 2010.[4]

B. Federal Court Proceedings

Petitioner filed his federal Petition Under 28 U.S.C. § 2254 for Writ of Habeas Corpus by a Person in State Custody [5] on April 19, 2010.

On December 6, 2010, a Magistrate Judge's Report was issued recommending that the Petition be dismissed, with prejudice, as untimely pursuant to 28 U.S.C. § 2244(d).[6] On January 13, 2011, the District Judge adopted the Magistrate Judge's Report as the Court's opinion and entered Judgment. [7]

On February 10, 2011, the Petitioner filed a Notice of Appeal. [8] On July 28, 2011, the United States Court of Appeals for the Fifth Circuit denied a Certificate of Appealability, specifically finding that the Petitioner failed to show that jurists of reason would debate the District Court's dismissal of his § 2254 Petition as time-barred.[9]

On March 9, 2012, the Petitioner filed a Petition for a Writ of Certiorari in the United States Supreme Court. On May 14, 2012, the United States Supreme Court denied the Petition for a Writ of Certiorari. [10]

Petitioner is now before this Court seeking relief from this Court's Judgment ...


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