O'Neal v. Vannoy

UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF LOUISIANA SHREVEPORT DIVISION JOHNNY LEE O’NEAL CIVIL ACTION NO. 18-702-P VERSUS JUDGE FOOTE WARDEN VANNOY MAGISTRATE JUDGE HORNSBY JUDGMENT For the reasons stated in the Report and Recommendation of the Magistrate Judge previously filed herein, and after an independent review of the record, and noting the lack of written objections filed by Petitioner and determining that the findings are correct under the applicable law; IT IS ORDERED that Petitioner's application for writ of habeas corpus is DENIED and this action is DISMISSED WITH PREJUDICE.

Rule 11 of 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 in 28 U.S.C. Section 2253, denies a certificate of appealability.

Jurists of reason would not find it debatable whether the petition states a valid claim of the denial of a constitutional right and whether this court was correct in its procedural ruling.

See Slack v. McDaniel, 120 S.Ct. 1595, 1604 (2000).

THUS DONE AND SIGNED, in chambers, in Shreveport, Louisiana, on this September 23rd day of 2021.

ELIZABBT 2" poorr x UNITED S{ STRICT JUDGE