Durden v. Bryson

Full title: VICTOR L. DURDEN DOC #444754 v. JUDGE EUGENE BRYSON

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

Date published: Oct 25, 2017

CIVIL ACTION NO. 5:17-cv-214 SECTION P (W.D. La. Oct. 25, 2017)

Opinion

CIVIL ACTION NO. 5:17-cv-214 SECTION P

10-25-2017

VICTOR L. DURDEN DOC #444754 v. JUDGE EUGENE BRYSON

JUDGE ELIZABETH E. FOOTE

MAGISTRATE JUDGE HAYES

JUDGMENT

There being no objection to the proposed findings of fact and conclusions of law in the Report and Recommendation [Record Document 8] of the Magistrate Judge previously filed herein, these findings and conclusions are accepted. Alternatively, this court concludes that the proposed findings and conclusions are entirely correct. Accordingly,

IT IS ORDERED, ADJUDGED, AND DECREED that the instant action be DISMISSED WITHOUT PREJUDICE because the instant complaint, though brought under § 1983, constitutes a second or successive habeas petition within the meaning of 28 U.S.C. § 2244(b) filed without prior authorization of the United States Fifth Circuit Court of Appeals.

THUS DONE AND SIGNED on this 25^th day of October, 2017.

/s/ _________

ELIZABETH E. FOOTE

UNITED STATES DISTRICT JUDGE