Bridges v. Vannoy et al

Filing 3

ORDER: The 1 Petition be deemed successive, and that it be DISMISSED for lack of jurisdiction because petitioner did not obtain permission from the United States Court of Appeals for the Fifth Circuit prior to filing. Plaintiffs 2 Motion to Proceed In Forma Pauperis is DENIED AS MOOT. Signed by Judge John W. deGravelles on 7/31/2017. (LLH)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA
ERIC BRIDGES (#399957)

CIVIL ACTION

VERSUS
DARREL VANNOY, ET AL.

NO. 17-53-JWD-RLB
ORDER

This matter comes before the Court on the plaintiff’s Petition for Writ of Habeas Corpus
(R. Doc. 1). On or about January 23, 2017, the plaintiff filed a 28 U.S.C. § 2254 application
herein challenging his conviction for armed robbery, entered in the Parish of St. Tammany in
2008.
The petitioner has previously field a petition for writ of habeas corpus in the Eastern
District of Louisiana regarding the same conviction. See Bridges v. N. Burl Cain, et al., 12-cv2684 (E.D. La.). 28 U.S.C. § 2244(b)(1) and (2) authorize dismissal of “second and successive”
habeas corpus petitions, and § 2244(b)(3) directs a petitioner filing a “second and successive”
habeas to obtain authorization from the appropriate Court of Appeals before filing the petition in
District Court.
The instant Petition is another attempt to collaterally attack the petitioner’s state court
conviction, and the petitioner’s claims are clearly successive. As the petitioner has not yet
received permission from the Court of Appeals to file this successive petition in the District
Court as required by statute, this Court lacks jurisdiction to consider his claims. Accordingly,
IT IS ORDERED that the Petition (R. Doc. 1) be deemed successive, and that it be
DISMISSED for lack of jurisdiction because petitioner did not obtain permission from the
United States Court of Appeals for the Fifth Circuit prior to filing.

IT IS FURTHER ORDERED that the plaintiff’s Motion to Proceed In Forma Pauperis
(R. Doc. 2) is DENIED AS MOOT.
Signed in Baton Rouge, Louisiana, on July 31, 2017.

S

JUDGE JOHN W. deGRAVELLES
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA