Opinion
CIVIL ACTION NO. 2:14-cv-878
07-15-2015
JAMES CLINTON MCCORVEY, JR., Petitioner, v. C. MAIORANA, Respondent.
MAGISTRATE JUDGE KAY
JUDGMENT
For the reasons stated in the Report and Recommendation [Doc. 4] of the Magistrate Judge previously filed herein, consideration of the Objections [Doc. 5], after an independent review of the record, a de novo determination of the issues, and having determined that the findings are correct under applicable law,
IT IS ORDERED that the petitioner's petition [Doc. 1] be and hereby is DISMISSED, WITH PREJUDICE, because the court lacks jurisdiction to consider these claims. The Fifth Circuit Court of Appeals has explicitly held that Descamps v. U.S., 133 S.Ct. 2276 (2013), is not retroactive on collateral review. In re Jackson, 776 F.3d 292, 296 (5th Cir. 2015).
Lake Charles, Louisiana, this 15 day of July, 2015.
/s/_________
PATRICIA MINALDI
UNITED STATES DISTRICT JUDGE