Opinion
C24-5777-BHS
11-22-2024
THOMAS RUSSELL BOARDMAN, Petitioner, v. JEFFEREY PERKINS, Respondent.
ORDER DISMISSING ACTION
BENJAMIN H. SETTLE, UNITED STATES DISTRICT JUDGE
The Court, having reviewed Petitioner's petition for writ of habeas corpus, Respondent's answer thereto, the Report and Recommendation of S. Kate Vaughan, United States Magistrate Judge, and the remaining record, hereby finds and ORDERS:
(1) The Report and Recommendation is approved and adopted.
(2) Petitioner's petition for writ of habeas corpus (Dkt. 5) and this action are DISMISSED pursuant to 28 U.S.C. § 2244(b), as the petition constitutes an unauthorized second or successive petition and this Court therefore lacks jurisdiction to consider it.
(3) In accordance with Rule 11 of the Rules Governing Section 2254 Cases in the United States District Courts, a certificate of appealability is DENIED.
(4) The Clerk is directed to send copies of this Order to Petitioner, to counsel for Respondent, and to the Honorable S. Kate Vaughan.