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Payan-Paz v. Maiorana

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA LAKE CHARLES DIVISION
Jul 16, 2015
CIVIL ACTION NO. 2:14-cv-2366 (W.D. La. Jul. 16, 2015)

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


Summaries of

Payan-Paz v. Maiorana

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA LAKE CHARLES DIVISION
Jul 16, 2015
CIVIL ACTION NO. 2:14-cv-2366 (W.D. La. Jul. 16, 2015)
Case details for

Payan-Paz v. Maiorana

Case Details

Full title:HERNAN PAYAN-PAZ, Petitioner, v. C. MAIORANA, Respondent.

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

Date published: Jul 16, 2015

Citations

CIVIL ACTION NO. 2:14-cv-2366 (W.D. La. Jul. 16, 2015)