Johnson v. Louisiana Department of Corrections ( 2020 )

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA STANLEY JULES JOHNSON CIVIL ACTION VERSUS NO. 19-13554 LOUISIANA DEPARTMENT OF SECTION “R” (2) CORRECTIONS, ET AL. ORDER Stanley Jules Johnson petitions this Court for a writ of habeas corpus under 28 U.S.C. § 2254.1 Pursuant to 28 U.S.C. §§ 636(b)(1)(B) and (C) and, as applicable, Rule 8(b) of the Rules Governing § 2254 Cases, the Court referred the matter to the Magistrate Judge for a Report and Recommendation (“R&R”) and to conduct hearings, including an evidentiary hearing, if necessary. The Magistrate Judge determined that no hearing was necessary, found that the petition should be addressed under 28 U.S.C. § 2241 instead of § 2254, and recommended denying the petition as successive and as an abuse of the writ.2 On September 11, 2020, the Court granted petitioner’s motion3 for an extension of time to file an opposition to the R&R, ordering that his 1 R. Doc. 4. 2 R. Doc. 17 at 1, 11, 21. 3 R. Doc. 18. objections be filed no later than September 25, 2020.4 Petitioner did not file any objections. This Court therefore reviews the R&R for plain error. Douglass v. United Servs. Auto. Ass’n, 79 F.3d 1415, 1430 (5th Cir. 1996); see also Fed. R. Civ. P. 72(b) advisory committee’s note (1983) (“When no timely objection is filed, the court need only satisfy itself that there is no clear error on the face of the record in order to accept the recommendation.”). The Court finds no plain error. Thus, the Court adopts the Magistrate Judge’s R&R as its opinion. Accordingly, the Court DISMISSES the petition WITH PREJUDICE. New Orleans, Louisiana, this day of October, 2020. Arak VGn02 SARAH S. VANCE UNITED STATES DISTRICT JUDGE 4 R. Doc. 19.