Opinion
Civil Action 20-00120-BAJ-EWD
03-09-2023
ALAN BOUDREAUX #254702 v. JASON KENT, ET AL.
RULING AND ORDER
BRIAN A. JACKSON, JUDGE UNITED STATES DISTRICT COURT.
Before the Court is Petitioner's Petition Under 28 U.S.C. § 2254 For Writ Of Habeas Corpus By A Person In State Custody (Doc. 1). The Petition is opposed. (Doc. 7).
On February 16, 2023, the Magistrate Judge issued a Report and Recommendation (Doc. 29, the “R&R”), recommending that Petitioner's Petition fails to set forth a viable claim of ineffective assistance of counsel. The Magistrate Judge further recommended that the Court deny Petitioner a certificate of appealability (COA). Petitioner's deadline to object to the R&R has passed, without any objection from Petitioner.
Upon de novo review, and having carefully considered Petitioner's Petition, the State's opposition, the state court record, and related filings, the Court APPROVES the Magistrate Judge's Report and Recommendation and ADOPTS it as the Court's opinion in this matter.
Accordingly, IT IS ORDERED that Petitioner's Petition Under 28 U.S.C. § 2254 For Writ Of Habeas Corpus By A Person In State Custody (Doc. 1) be and is hereby DENIED.
IT IS FURTHER ORDERED that the above-captioned action be and is hereby DISMISSED WITH PREJUDICE.
IT IS FURTHER ORDERED that, in the event Petitioner pursues an appeal in this case, a certificate of appealability be and is hereby DENIED because reasonable jurists would not debate the denial of Petitioner's Petition or the correctness of the Court's substantive rulings.
Judgement shall be entered separately.