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Smith v. Cain

United States District Court, M.D. Louisiana

April 30, 2015

KELVIN RAY SMITH (094994)
v.
N. BURL CAIN, WARDEN

RULING AND ORDER

SHELLY D. DICK, District Judge.

The Court has carefully considered the Petition, [1] the record, the law applicable to this action, and the Report and Recommendation [2] of United States Magistrate Judge Richard L. Bourgeois, Jr. dated April 6, 2015. Plaintiff has filed an Objection [3] which the Court has also considered.

The Court hereby approves the Report and Recommendation of the Magistrate Judge and adopts it as the Court's opinion herein.

Accordingly, the instant Petition shall be considered, in part, as a motion for authorization to proceed with this successive habeas corpus application. Therefore;

IT IS HEREBY ORDERED that the Petition be transferred to the United States Court of Appeals for the Fifth Circuit pursuant to 28 U.S.C. ยง 1631, in order that the Court may determine whether to grant the Petitioner authorization to file the instant habeas corpus Petition in this Court.[4]

IT IS FURTHER ORDERED that the Clerk of Court administratively close this action until such time as the United States Court of Appeals for the Fifth Circuit authorizes Petitioner to file this successive habeas corpus application.


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