Claude v. McCain ( 2019 )

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA JAMAUL CLAUDE CIVIL ACTION VERSUS NO. 18-5313 W.S. “SANDY” MCCAIN, WARDEN SECTION: AJ@(5) O R D E R Before the Court is Petitioner’s Objection to the Magistrate Judge’s Report and Recommendation (Rec. Doc. 24). The Court finds that the objections lack merit, as Petitioner has failed to demonstrate either that his petition was timely or that he is actually innocent of his offense of conviction, as set forth by the Supreme Court in McQuiggin v. Perkins, 569 U.S. 383 (2013). Moreover, because Petitioner pleaded guilty, the state was not required to disclose any exculpatory or impeachment evidence it may have had. See United States v. Ruiz, 536 U.S. 622, 629 (2002). Accordingly, IT IS HEREBY ORDERED that Petitioner’s Objection to Magistrate Judge’s Report and Recommendation (Rec. Doc. 24) is OVERRULED, and the Magistrate Judges’s Report and Recommendation (Rec. Doc. 23) is ADOPTED as the opinion of the Court. IT IS FURTHER ORDERED that the petition of Jamal Claude for issuance of a writ of habeas corpus under 28 U.S.C. ' 2254 is hereby DISMISSED WITH PREJUDICE as untimely. New Orleans, Louisiana, this 21st day of August, 2019. OK □□□ CARL J. BARBJERV UNITED STATES DISTRICT JUDGE