Opinion
Civil Action No. 4:04-CV-472-Y.
July 26, 2004
ORDER ADOPTING MAGISTRATE JUDGE'S FINDINGS AND CONCLUSIONS
In this action brought by petitioner Guy Johnson under 28 U.S.C. § 2254, the Court has made an independent review of the following matters in the above-styled and numbered cause:
1. The pleadings and record;
2. The proposed findings, conclusions, and recommendation of the United States magistrate judge filed on June 30, 2004; and
3. The petitioner's written objections to the proposed findings, conclusions, and recommendation of the United States magistrate judge filed on July 16, 2004.
The Court, after de novo review, finds and determines that Petitioner's objections must be overruled, and that the petition for writ of habeas corpus should be dismissed for the reasons stated in the magistrate judge's findings and conclusions, in the manner stated in his recommendation.
Johnson also filed, after the magistrate judge's report, a motion for equitable tolling and leave to proceed on subsequent [petition] for writ of habeas corpus. As noted by the magistrate judge, this Court does not have jurisdiction to consider such arguments from Johnson without an order from the court of appeals authorizing a successive petition. Thus, the motion for equitable tolling and for leave to proceed [docket no. 5] should be, and is hereby, DENIED.
It is therefore ORDERED that the findings, conclusions, and recommendation of the magistrate judge should be, and are hereby, ADOPTED.
It is further ORDERED that Petitioner's Petition for Writ of Habeas Corpus be, and is hereby, DISMISSED WITHOUT PREJUDICE to his right to file a motion in the United States Court of Appeals for the Fifth Circuit for leave to file a successive petition.