Opinion
CRIMINAL NO. 98-60009-01, CIVIL ACTION NO. 05-1113.
December 19, 2005
JUDGMENT
This matter was referred to United States Magistrate Judge Mildred E. Methvin for her Report and Recommendation. After an independent review of the record, the applicable jurisprudence, and objections filed, this Court concludes that the Report and Recommendation of the magistrate judge are correct and this Court adopts the conclusions set forth therein.
Accordingly, IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that Arceneaux's motion to vacate, set aside or correct sentence is construed as a second § 2255 motion and is TRANSFERRED to the United States Fifth Circuit Court of Appeals under the authority of 28 U.S.C. § 1631 for that Court to determine whether petitioner is authorized under 28 U.S.C. § 2244 to file the instant habeas corpus motion in this district court.