Bramwell v. Warden

Full title: MARLON PERCY BRAMWELL FED. REG. NO. 37553-004 v. WARDEN, U.S.P. - McREARY…

Court: UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA MONROE DIVISION

Date published: Aug 28, 2015

CIVIL ACTION NO. 15-1652 SECTION P (W.D. La. Aug. 28, 2015)

Opinion

CIVIL ACTION NO. 15-1652 SECTION P

08-28-2015

MARLON PERCY BRAMWELL FED. REG. NO. 37553-004 v. WARDEN, U.S.P. - McREARY AND THE STATE OF LOUISIANA

JUDGE ROBERT G. JAMES

MAGISTRATE JUDGE KAREN L. HAYES

JUDGMENT

For the reasons stated in the Report and Recommendation of the Magistrate Judge previously filed herein, and after an independent review of the record, determining that the findings are correct under the applicable law, and considering the objections to the Report and Recommendation in the record,

IT IS ORDERED, ADJUDGED, AND DECREED that Petitioner's pleading styled, "On Application for Fed. R. Civ. P. 60(d)(1) and Fed. R. Civ. P. 15(c)(1)(B) from the Supreme Court of Louisiana" [Doc. No. 1] be construed as a petition for habeas corpus filed pursuant to 28 U.S.C. §2254; that it and his Amended Petition [Doc. No. 4] be deemed successive; and, that this case be DISMISSED for lack of jurisdiction because Petitioner did not obtain permission from the United States Fifth Circuit Court of Appeals prior to filing.

MONROE, LOUISIANA, this 28^th day of August, 2015.

/s/ _________

ROBERT G. JAMES

UNITED STATES DISTRICT JUDGE