Trevathan v. Vannoy ( 2020 )

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA JESSE M. TREVATHAN CIVIL ACTION VERSUS NO. 18-7682 DARRYL VANNOY SECTION “R” (1) ORDER Jesse M. Trevathan petitions this Court for a writ of habeas corpus under 28 U.S.C. § 2254.1 Pursuant to Eastern District of Louisiana Local Civil Rule 73.2(A) and 28 U.S.C. § 636(b), this matter was referred to Magistrate Judge Janis van Meerveld. Magistrate Judge van Meerveld issued a report and recommendation (“R&R”), finding that petitioner’s argument—that his sentence of life imprisonment with the possibility of parole is unconstitutional under Miller v. Alabama, 567 U.S. 460 (2012)— lacks merit.2 As such, the Magistrate Judge recommended that this Court dismiss petitioner’s application for habeas corpus relief with prejudice.3 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, 1 R. Doc. 1. 2 R. Doc. 11. 3 Id. at 10. 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 29th day of December, 2020. bernk Voner SARAH S. VANCE UNITED STATES DISTRICT JUDGE