Robertson v. LeBlanc et al

Filing 2

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. Signed by Chief Judge Brian A. Jackson on 10/6/2017. (LLH)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA

TIMOTHY ROBERTSON (#129349)

CIVIL ACTION

VERSUS
17-669-BAJ-RLB
JAMES LEBLANC, ET AL.
ORDER
This matter comes before the Court on the plaintiff’s Petition for Writ of Habeas Corpus
(R. Doc. 1). On or about September 20, 2017, the plaintiff filed a 28 U.S.C. § 2254 application
herein challenging his conviction for armed robbery, entered in the Parish of East Baton Rouge
in 2002.
The petitioner has previously filed a petition for writ of habeas corpus in this Court
regarding the same conviction. See Robertson v. James LeBlanc, et al., 08-cv-478 (M.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.
Baton Rouge, Louisiana, October 6, 2017.

_________________________________
BRIAN A. JACKSON, CHIEF JUDGE
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA