Opinion
CASE NO. 6:13-CV-00802
11-09-2020
JAMIE HUBBARD v. WARDEN
MAGISTRATE JUDGE HANNA
JUDGMENT
For the reasons contained in the Report and Recommendation of the Magistrate Judge filed previously herein, noting the absence of objections thereto, and concurring with the Magistrate Judge's findings under the applicable law;;
IT IS ORDERED that petitioner's Motion for Relief from a Final Judgment Under F.R.C.P. 60 be construed as a petition for habeas corpus filed pursuant to 28 U.S.C. §2254; that it be deemed successive; and, that it be DISMISSED for lack of jurisdiction because petitioner did not obtain permission from the United States Fifth Circuit Court of Appeals prior to filing.
THUS DONE in Chambers on this 9th day of November, 2020.
/s/ _________
Robert R. Summerhays
United States District Judge