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14-2105 - Funchess v. Prince et al


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14-2105 - Funchess v. Prince et al
March 24, 2015
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Objections to R&R due by 4/7/2015. Signed by Magistrate Judge Joseph C. Wilkinson, Jr on 3/23/2015.(my) (CC:Plaintiff, All Counsel of Record, Attorney General State of LA, State Court) Modified on 4/5/2016 to reflect distributionREPORT AND RECOMMENDATIONS re 3 Petition for Writ of Habeas Corpus (28:2254) filed by Arthur Funchess. It is RECOMMENDED that Funchesss petition for issuance of a writ of habeas corpus under 28 U.S.C. 2254 be DENIED and DISMISSED WITH PREJUDICE.
February 25, 2016
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ORDER AND REASONS: Before the Court is a Report and Recommendation from the magistrate judge recommending the dismissal of Petitioners case Doc 18 and the Petitioner's objections thereto Docs. 19, 20. For the following reasons, this Court declines to adopt the Report and Recommendation and orders additional briefing. For the foregoing reasons, the Court finds that the Petitioner's substantive claim for habeas corpus relief has merit. The Court, however, requires additional briefi/2016 to reflect distribution (my)ng to determine the relief warranted.Accordingly; IT IS ORDERED that within 30 days of the issuance of this order, each party shall file briefs with this Court on the issue of what relief should be granted to Petitioner in light of the holdings herein. IT IS FURTHER ORDERED that a federal public defender is conditionally APPOINTED on Petitioner's behalf for the purpose of said briefing. Petitioner shall complete the attached financial affidavit form and submit it to the Court no later than March 10, 2016 to determine eligibility for this appointment.Signed by Judge Jane Triche Milazzo on 2/25/2016. (Attachments: # (1) CJA 23)(my)(NEF:FPD) . (CC:Plaintiff, All Counsel of Record, Attorney General State of LA, State Court)Modified on 4/5