Knox v. Cain et al

Filing 10

ORDER ADOPTING REPORT AND RECOMMENDATIONS 8 . The "second or successive" petition for federal habeas corpus relief filed by Terrance Knox is DISMISSED WITHOUT PREJUDICE for lack of jurisdiction. FURTHER ORDERED that petitioner's 7 Motion to Set Aside Judgment Due to Newly Discovered Evidence Pursuant to F.R.C.P., Rule 60(b)(2), 28 U.S.C.A., is DENIED. Signed by Judge Martin L.C. Feldman on 3/30/2015.(caa)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA

TERRANCE KNOX

CIVIL ACTION

versus

NO. 14-2750

WARDEN N. BURL CAIN

SECTION: "F" (3)

ORDER
The Court, having considered the petition, the record, the applicable law and the Report and
Recommendation of the United States Magistrate Judge, and the objection to the Magistrate Judge's
Report and Recommendation, hereby approves the Report and Recommendation of the United States
Magistrate Judge and adopts it as its own opinion. Accordingly,
IT IS ORDERED that the "second or successive" petition for federal habeas corpus relief
filed by Terrance Knox is DISMISSED WITHOUT PREJUDICE for lack of jurisdiction.
IT IS FURTHER ORDERED that petitioner's "Motion to Set Aside Judgment Due to
Newly Discovered Evidence Pursuant to F.R.C.P., Rule 60(b)(2), 28 U.S.C.A.," Rec. Doc. 7, is
DENIED.
New Orleans, Louisiana, this _____ day of March, 2015.
30th

UNITED STATES DISTRICT JUDGE