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Jackson v. Maiorana

United States District Court, W.D. Louisiana, Lake Charles Division

February 18, 2015

JOSEPH BROME JACKSON,
v.
WARDEN MAIORANA. SECTION P

REPORT AND RECOMMENDATION

KATHLEEN KAY, Magistrate Judge.

Before the court is the pro se habeas corpus petition filed pursuant to 28 U.S.C. § 2241 by petitioner Joseph Brome Jackson. Petitioner is an inmate in the custody of the Federal Bureau of Prisons (hereinafter "BOP") and is currently incarcerated at the Federal Correctional Institute in Oakdale, Louisiana (hereinafter "FCIO"). Jackson names C. Maiorana as his defendant herein.

This matter was referred to the undersigned for review, report, and recommendation in accordance with the provisions of 28 U.S.C. § 636 and the standing orders of the court. For the following reasons it is recommended that the petition be DISMISSED WITH PREJUDICE.

I. Background

A. Chronology of Events

• 1998 ___Following a jury trial, Jackson was convicted in the United States District Court for the Northern District of Florida of conspiracy to possess with intent to distribute cocaine base. Doc. 1, pp. 1, 2. Thereafter, based in part on a Georgia state court conviction, Jackson was sentenced in the Northern District of Florida to an enhanced sentence 248 months incarceration. Doc. 1, att. 3, p. 3.
• 2000 ___Jackson appealed his conviction and sentence to the United States Court of Appeals for the Eleventh Circuit which affirmed the trial court's decision. Doc. 1, p. 2. See also, United States v. Jackson, 211 F.3d 597 (11th Cir. 2000).
• March 29, 2002 ___Jackson filed a habeas corpus petition pursuant to 28 U.S.C. § 2255 in the Northern District of Florida, alleging inter allia the invalidity of the Georgia state court conviction that increased his minimum mandatory sentence. Doc. 1, att. 2, p. 9.
• March 17, 2004 ___Jackson's § 2255 motion was denied. Id.
• June 3, 2004 ___Jackson's Georgia state court conviction was vacated and the state elected not to retry the case. Doc. 1, p. 9; Doc. 1, att. 3, p. 3.
• January 14, 2005 ___Jackson filed a second § 2255 habeas petition in the Northern District of Florida, again challenging the validity of his state court conviction. Doc. 1, att. 2, p. 9, att. 3, pp. 3-4.
• October 12, 2005 ___Jackson's second § 2255 motion was denied as second or successive. Doc. 1, att. 2, p. 9
• November/December 2005 ___Jackson filed a motion for reconsideration which was denied by the Northern District of Florida. Id.
• 2007 ___Jackson filed a habeas corpus petition pursuant to 28 U.S.C. § 2241 in the Southern District of Georgia, alleging that the sentence enhancement was erroneous because the predicate conviction ...

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