United States v. Brown

Full title: UNITED STATES OF AMERICA v. HANNIBAL X. BROWN

Court: UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA

Date published: Apr 16, 2014

CRIMINAL ACTION NO.: 3:02-cr-00111-BAJ-SCR (M.D. La. Apr. 16, 2014)

Opinion

CRIMINAL ACTION NO.: 3:02-cr-00111-BAJ-SCR

04-16-2014

UNITED STATES OF AMERICA v. HANNIBAL X. BROWN

BRIAN A. JACKSON

RULING AND ORDER

Before the Court is Petitioner's MOTION TO MODIFY, CORRECT OR AMEND SENTENCE PURSUANT TO "DESCAMPS V. UNITED STATES, 133 S. Ct. 2276 (2013)" (Doc. 91). The Magistrate Judge has issued a REPORT (Doc. 94) recommending that Petitioner's motion be:

(1) treated as a successive application for habeas corpus relief under 28 U.S.C. § 2244(b); (2) construed in part as a motion for authorization for the district court to consider the claim raised [t]herein; and, (3) transferred to the United States Court of Appeals for the Fifth Circuit, under the authority of 28 U.S.C. § 1631, for that court to determine whether the petitioner is authorized under 28 U.S.C. § 2244(b) to file the instant habeas corpus application in this district court.

(id. at pp. 2-3). Petitioner filed a timely objection to the Magistrate Judge's Report. (Doc. 95).

Having independently considered Petitioner's Motion (Doc. 91) and related filings—including Petitioner's objection—the Court APPROVES the Magistrate Judge's REPORT (Doc. 94), and ADOPTS it as the Court's opinion herein.

Accordingly,

IT IS ORDERED that Petitioner's Motion (Doc. 91) is TRANSFERRED to the Fifth Circuit for that court to determine whether Petitioner is authorized under 28 U.S.C. § 2244(b) to file the instant habeas corpus application.

Baton Rouge, Louisiana, this 16th day of April, 2014.

__________

BRIAN A. JACKSON, CHIEF JUDGE

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF LOUISIANA