Walker v. Cain et al
| Jamal Walker |
| N. Burl Cain |
| Attorney General State of Louisiana |
| 2:2015cv06809 |
| December 8, 2015 |
| US District Court for the Eastern District of Louisiana |
| New Orleans Office |
| West Feliciana |
| Sally Shushan |
| Jay C. Zainey |
| General |
| 28 U.S.C. ยง 2254 |
| None |
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Filing
22
ORDER ADOPTING REPORT AND RECOMMENDATIONS 21 SUPPLEMENTAL R&R; denying 18 MOTION for Leave to File Amended Petition for Writ of Habeas Corpus; the Court will not issue a certificate of appealability. Signed by Judge Sarah S. Vance on 12/29/2016.(mmm)
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Filing
17
ORDER AND REASONS - For the foregoing reasons, the Court DENIES Walker's motion to stay the proceedings. The Court GRANTS Walker's motion to amend his petition only to withdraw the unexhausted claim. The Court defers ruling on Walker 9;s motion to amend his petition to assert new claims for habeas relief. IT IS ORDERED that Walker has thirty (30) days from the entry of this order to amend his petition, alleging only those claims that the Magistrate Judge has determined are exha usted and thus properly before the Court. His amended petition should therefore address only (1) the sufficiency of the evidence and (2) whether the identification procedure was impermissibly suggestive. IT IS FURTHER ORDERED that if Walker files his petition within the Court's deadline, the motion for leave to amend his petition by adding new claims for relief shall be submitted before the Magistrate Judge.. Signed by Judge Sarah S. Vance on 4/28/16. (NEF: Mag 1)(jjs)
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