Summary
denying § 2255 motion to vacate sentence, and holding that the Supreme Court's ruling in Moncrieffe was one of statutory interpretation, not a new Constitutional rule
Summary of this case from Stallings v. ButlerOpinion
CIVIL ACTION 05-60040
06-03-2015
LIONEL JOSEPH HENDERSON v. UNITED STATES OF AMERICA
MAGISTRATE JUDGE HANNA
JUDGMENT
This matter was referred to Magistrate Judge Patrick Hanna for Report and Recommendation. After full consideration of the record, including objections, the Court concludes the Report and Recommendation of the Magistrate Judge is correct and, therefore, adopts the conclusions set forth therein. Accordingly,
IT IS ORDERED that the instant motion is held to be successive and is hereby TRANSFERRED to the United States Fifth Circuit Court of Appeals pursuant to 28 U.S.C. section 1631 for further proceedings as provided by 28 U.S.C. section 2244.
THUS DONE and SIGNED on this 3rd day of June, 2015.
/s/ _________
RICHARD T. HAIK, SR., DISTRICT JUDGE
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA