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Whitaker v. Caldwell

United States District Court, Middle District of Louisiana

March 20, 2015

ROBERT WHITAKER (#110818)
v.
JAMES D. BUDDY CALDWELL

RULING AND ORDER

BRIAN A. JACKSON, CHIEF JUDGE

This matter comes before the Court on Petitioner Robert Whitaker's Petition Under 28 U.S.C. § 2254 for Writ of Habeas Corpus (Doc. 1). The Magistrate Judge issued a Report and Recommendation (Doc. 2), recommending that the Court consider the instant Petition, in part, as a motion for authorization to proceed with a successive habeas corpus application. Petitioner filed no objections in response to the Magistrate Judge's Report.

Having carefully considered Petitioner's Petition (Doc. 1), the Court APPROVES the Magistrate Judge's Report and Recommendation (Doc. 2) and ADOPTS it as the Court's opinion in this matter.

Accordingly, IT IS ORDERED that Petitioner Robert Whitaker's Petition Under 28 U.S.C. § 2254 for Writ of Habeas Corpus (Doc. 1) be considered, in part, a motion for authorization to proceed with this successive habeas corpus application.

IT IS FURTHER ORDERED that the instant petition is hereby TRANSFERRED to the U.S. Court of Appeals for the Fifth Circuit pursuant to 28 U.S.C. § 1631, for that Court to determine whether to grant Petitioner authorization to file the instant habeas corpus petition in this Court. See In re Epps, 127 F.3d 364, 365 (5th Cir. 1997).


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