Opinion
CIVIL ACTION NO. 2:14-cv-2366
07-16-2015
HERNAN PAYAN-PAZ, Petitioner, v. C. MAIORANA, Respondent.
MAGISTRATE JUDGE KAY
JUDGMENT
For the reasons stated in the Report and Recommendation [Doc. 8] of the Magistrate Judge previously filed herein, 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 [Docs. 1 & 4] be and hereby is DISMISSED, WITH PREJUDICE, because the court lacks jurisdiction to consider these claims. Additionally, the court notes that 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 16 day of July, 2015.
/s/_________
PATRICIA MINALDI
UNITED STATES DISTRICT JUDGE