WIGGINS v. McCAIN

Civil Action No. 5:16-CV-01088.

AHKEEM WIGGINS LA. DOC #586480, v. W.S. McCAIN, ET AL., SECTION P.

United States District Court, W.D. Louisiana, Shreveport Division.

Editors Note
Applicable Law: 28 U.S.C. § 2254
Cause: 28 U.S.C. § 2254 Petition for Writ of Habeas Corpus (State)
Nature of Suit: 530 Habeas Corpus (General)
Source: PACER


Attorney(s) appearing for the Case

Ahkeem Wiggins, Plaintiff, Pro Se.


JUDGMENT

ELIZABETH E. FOOTE, District Judge.

For the reasons stated in the Report and Recommendation of the Magistrate Judge previously filed herein, and after an independent review of the record including the objections filed by petitioner, and having determined that the findings1 and recommendation are correct under the applicable law;

IT IS ORDERED that the petition for habeas corpus be DISMISSED WITH PREJUDICE as time-barred by the provisions of 28 U.S.C. § 2244(d).

FootNotes


1. The Report and Recommendation of the Magistrate Judge states, "On July 26, 2011, Petitioner pled guilty to armed robbery with a firearm enhancement." Record Document 8, p. 1. However, the transcript of Petitioner's guilty plea and sentencing, dated July 25, 2011, reflects that he pled guilty to armed robbery and received a fifteen year sentence, without any "firearm enhancement bill." See Record Document 4-1, p. 6. The Court makes this notation only for clarification of the findings; it does not affect the reasoning for the ultimate conclusion that Petitioner's petition is untimely.

Comment

1000 Characters Remaining

Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions.

User Comments

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases