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McCorvey v. Maiorana

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA LAKE CHARLES DIVISION
Jul 15, 2015
CIVIL ACTION NO. 2:14-cv-878 (W.D. La. Jul. 15, 2015)

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


Summaries of

McCorvey v. Maiorana

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA LAKE CHARLES DIVISION
Jul 15, 2015
CIVIL ACTION NO. 2:14-cv-878 (W.D. La. Jul. 15, 2015)
Case details for

McCorvey v. Maiorana

Case Details

Full title:JAMES CLINTON MCCORVEY, JR., Petitioner, v. C. MAIORANA, Respondent.

Court:UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA LAKE CHARLES DIVISION

Date published: Jul 15, 2015

Citations

CIVIL ACTION NO. 2:14-cv-878 (W.D. La. Jul. 15, 2015)