Smith v. David Wade Correctional Center

Filing 4

JUDGMENT ADOPTING 3 Report and Recommendations; ORDERED that petitioner's successive habeas application be transferred to the US 5th Circuit Court of Appeals in accordance with 28 USC 2244b3 for further proceedings by that Court. Signed by Chief Judge Robert G James on 8/19/09. (crt,McDaniel, C)

RECEIVED USOC. WESTERN DISTRiCT OF LA. TON DOSE, CLERK
DAT1~~

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA MONROE DIVISION

JAMIE DALE SMITH LA. DOC #3555 12 VS.

CIVIL ACTION NO. 09-082 7 SECTION P CHIEF JUDGE JAMES

WARDEN, DAVID WADE CORRECTIONS CENTER

MAGISTRATE JUDGE HAYES

JUDGMENT For the reasons contained in the Report and Recommendation and Supplemental Report and Recommendation of the Magistrate Judge filed previously herein [Doe. No.

31, noting the

absence of objections thereto, and concurring with the Magistrate Judge's findings under the applicable law; IT IS ORDERED that petitioner's second and successive Application for Writ of Habeas Corpus be transferred to the United States Fifth Circuit Court of Appeals in accordance with 28 U .S.C.

§ 2244(b)(3) for further proceedings by that Court.

THUS DONE AND SIGNED, in chambers, in Monroe, Louisiana, on this ____________,2009.

17

day of

ROBERT G. JA CHIEF JUDGE