Sam v. Louisiana State et al

Filing 13

ORDER ADOPTING REPORT AND RECOMMENDATIONS 10 , ORDER transferring petition to U.S. Court of Appeals - 5th Circuit to determine if petitioner is allowed to file successive habeas petition in this court. Signed by Judge Lance M Africk on 9/27/11.(cc:Judge Wilkinson)(ala, )

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
JOSEPH SAM

CIVIL ACTION

VERSUS

NO. 11-0713

STATE OF LOUISIANA

SECTION “I”(2)
ORDER

The court, having considered the complaint, the record, the applicable law, the Report
and Recommendation of the United States Magistrate Judge, and the objection by petitioner,
Joseph Sam, which is hereby OVERRULED, approves the Report and Recommendation of the

United States Magistrate Judge and adopts it as its opinion in this matter. Therefore,
IT IS ORDERED that the petition of Joseph Sam for issuance of a writ of habeas
corpus under 28 U.S.C. § 2254 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(b) to file the instant habeas corpus petition
in this district court.

27th
New Orleans, Louisiana, this _______ day of September, 2011.

LANCE M. AFRICK
UNITED STATES DISTRICT JUDGE