LaRoche v. United States Congress

Filing 2

REPORT AND RECOMMENDATIONS that Laroche's mandamus petition should be denied. The Clerk should be directed to enter the Report and Recommendation and close case CV409-5. re 1 MOTION for Writ of Mandamus filed by Anthony Lawrence LaRoche Objections to R&R due by 2/13/2009. Signed by Magistrate Judge G. R. Smith on 1/30/09. (wwp)

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA SAVANNAH DIVISION

ANTHONY LAWRENCE LAROCHE, ) Movant, ) ) ) v. ) ) ) UNITED STATES OF AMERICA, Respondent. ) ) )

Case No. CV409-005 CV407-054 [CR402-234]

REPORT AND RECOMMENDATION Anthony L. LaRoche's "mandamus" pet1t1on 1s styled 1n a way that caused the Clerk's off1ce to open a new f1le (CV409-005). But 1t 1s 1n fact a success1ve § 2255 mot1on 1n d1sgu1se: he has already unsuccessfully l1t1gated an earl1er-f1led § 2255 mot1on, and he has s1nce been repeatedly warned that h1s Eleventh C1rcu1t appeal w1ll be 1mm1nently d1sm1ssed over h1s fa1lure to pay the appellate f1l1ng fees. CV407-54, doc. 28. H1s response to such warn1ngs has been s1mply to pet1t1on th1s Court for mandamus, wh1ch 1n substance w1ll commence the § 2255 mot1on process all over aga1n. CV409-005, doc. 1 (demand1ng that the U.S. Congress show cause why the gun leg1slat1on support1ng LaRoche's conv1ct1on

should not be 1nval1dated 1n l1ght of recent Second Amendment jur1sprudence, etc.). Laroche's "mandamus pet1t1on" thus should be DENIED on the mer1ts as fac1ally fr1volous, and also procedurally, as 1t 1s a success1ve § 2255 mot1on. See United States v. Simmons, 2008 WL 4920048 (S.D. Ga. Nov. 17, 2008) (unpubl1shed) (§ 2255 mot1on, masquerad1ng as a 18 U.S.C. § 3582(c)(2), "crack-wave mot1on," den1ed as success1ve). The Clerk therefore should be d1rected to enter th1s Report and Recommendat1on and the adopt1ng order 1n CV407-054, CR402-234 and CV409-005, then CLOSE the CV409-005 f1le. SO REPORTED AND RECOMMENDED th1s 30th day of January, 2009.

UNITED STATES MAGISTRATE J1JDGE SOUTHERN DISTRICT OF GEORGIA

2