Williams v. LeBlanc

United States District Court Eastern District of Louisiana

Williams v. LeBlanc

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA

LARRY WILLIAMS CIVIL ACTION

VERSUS NO. 19-00675

JAMES LEBLANC SECTION: “J”(1)

O R D E R

Before the Court is pro se Petitioner Larry Williams’s Objection to Magistrate Judge’s Report and Recommendation (Rec. Doc. 17). Petitioner contends that his petition is timely under

28 U.S.C. § 2244

(d)(1)(C) based on the rule announced in Montgomery v. Louisiana,

136 S. Ct. 718

(2016). Even assuming that Montgomery extended the limitations period, Montgomery was decided on January 25, 2016, and his petition was filed on January 25, 2019. The Court finds that Petitioner’s objection lacks merit. Accordingly, IT IS HEREBY ORDERED that Petitioner’s Objection to Magistrate’s Report and Recommendation (Rec. Doc. 17) is OVERRULED, and the Magistrate’s Report and Recommendation (Rec. Doc. 16) is ADOPTED as the opinion of the Court. IT IS FURTHER ORDERED that the federal application for habeas corpus relief filed by Larry Williams is DISMISSED WITH PREJUDICE. New Orleans, Louisiana, this 21st day of August, 2019.

LK Saha AKG CARL J. BARBIFR UNITED STATES DISTRICT JUDGE

Reference

Status
Unknown