Summary
holding the petitioner did not act diligently in discovering the factual predicate for his Brady claim when he waited more than one and one half years to request the district attorney's case file even though pursuant to Louisiana law, the file was subject to disclosure after the underlying criminal conviction became final
Summary of this case from Clifton v. Sec'y, Dep't of Corr.Opinion
CIVIL ACTION NO: 06-3207 SECTION: "K"(3).
March 9, 2007
ORDER
The Court, after considering the complaint, the record, the applicable law, the Report and Recommendation of the United States Magistrate Judge and the failure of plaintiff to file an objection 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 opinion in this matter. Accordingly, IT IS ORDERED there will be judgment herein in favor of defendant, Burl Cain, and against plaintiff, Azarias Heard, DISMISSING WITH PREJUDICE plaintiff's habeas corpus claims.