Sylvester v. Smith

Full title: LARRY J. SYLVESTER LA. DOC #78014 v. WARDEN SMITH

Court: UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA

Date published: Jun 25, 2015

CIVIL ACTION NO. 6:14-cv-3434 SECTION P (W.D. La. Jun. 25, 2015)

Opinion

CIVIL ACTION NO. 6:14-cv-3434 SECTION P

06-25-2015

LARRY J. SYLVESTER LA. DOC #78014 v. WARDEN SMITH

JUDGE HAIK

MAGISTRATE JUDGE HILL

JUDGMENT

This matter was referred to United States Magistrate Judge C. Michael Hill for Report and Recommendation. No objections have been filed. The Court concludes that the Report and Recommendation of the magistrate judge is correct and therefore adopts the conclusions set forth therein. Accordingly;

IT IS ORDERED that Larry J. Sylvester's petition for writ of habeas corpus is DISMISSED in accordance with Rule 41(b) of the Federal Rules of Civil Procedure and for lack of jurisdiction as a second and successive petition for writ of habeas corpus filed without proper authorization from the Fifth Circuit.

THUS DONE AND SIGNED, in chambers, in Lafayette, Louisiana, on this 25^th day of June, 2015.

/s/_________

RICHARD T. HAIK, SR.

UNITED STATES DISTRICT JUDGE