Citation Codes Equivalent Citations citation codes Docket Number CIVIL ACTION NO: 05-5014, SECTION: "J" (6). Judges Carl J. Barbier See more information ... Smart Summary Please sign up to generate summary. DERRICK HOWARD v. BURL CAIN, WARDEN. ORDER CARL BARBIER, District Judge The Court, having considered the petition, the record, the applicable law, the Report and Recommendation of the United States Magistrate Judge, and the failure of any party to file an objection to the Magistrate Judge's Report and Recommendation, hereby approves the Report and Recommendation of the United States Magistrate Judge (Rec. Doc. 15) and adopts it as its opinion in this matter. Therefore, IT IS ORDERED that the State's original response (rec. doc 11), wherein the State submitted that the instant action was untimely, is hereby rejected, and the State shall submit, within thirty (30) days of entry of the instant order, a supplemental response addressing the merits of petitioner's habeas corpus application.