Caston v. David Wade Correctional Center

Filing 8

JUDGMENT ADOPTING 5 Report and Recommendation re 1 Petition for Writ of Habeas Corpus filed by Jesse James Caston. IT IS ORDERED, ADJUDGED, AND DECREED that this Petition for Writ of Habeas Corpus, insofar as it raises a claim of ineffective assistance of trial counsel, be deemed second and successive and DISMISSED for lack of jurisdiction because petitioner did not obtain permission from the United States Fifth Circuit Court of Appeals prior to filing. IT IS FURTHER ORDERED, ADJUDGED , AND DECREED that this Petition for Writ of Habeas Corpus, insofar as it claims ineffective assistance of post-conviction counsel, be DISMISSED WITH PREJUDICE for failing to state a claim for which relief may be granted. Signed by Judge Robert G James on 6/27/14. (crt,DickersonSld, D)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
MONROE DIVISION
JESSE JAMES CASTON
LA. DOC #101028

CIVIL ACTION NO. 14-0885

VERSUS

JUDGE ROBERT G. JAMES

WARDEN JERRY GOODWIN

MAGISTRATE JUDGE KAREN L. HAYES
JUDGMENT

For the reasons stated in the Report and Recommendation of the Magistrate Judge, and
after an independent review of the record including the objections filed by petitioner, and having
determined that the findings and recommendation are correct under the applicable law,
IT IS ORDERED, ADJUDGED, AND DECREED that this Petition for Writ of
Habeas Corpus, insofar as it raises a claim of ineffective assistance of trial counsel, be deemed
second and successive and DISMISSED for lack of jurisdiction because petitioner did not obtain
permission from the United States Fifth Circuit Court of Appeals prior to filing.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that this Petition for
Writ of Habeas Corpus, insofar as it claims ineffective assistance of post-conviction counsel, be
DISMISSED WITH PREJUDICE for failing to state a claim for which relief may be granted.
MONROE, LOUISIANA, this 27th day of June, 2014.