Newson v. Rayburn Correctional Center

Filing 4

MEMORANDUM ORDER: It is hereby ordered that this action is stayed for a period of 60 days; petitioner's failure to obtain authorization within that time from the US court of Appeals for the 5th circuit to proceed with this action will result in this petition being stricken from the record. Signed by Magistrate Judge Mark L Hornsby on October 6, 2010. (crt,Dunford, T)

N e w s o n v. Rayburn Correctional Center

Doc. 4

UNITED STATES DISTRICT COURT F O R THE WESTERN DISTRICT OF LOUISIANA S H R EV E P O RT DIVISION

R O 'S E A N DENARD NEWSON VERSUS W A R D E N JEFFERY TRAVIS

C I V I L ACTION NO. 10-532-P J U D GE STAGG M A G I S T R A T E JUDGE HORNSBY

M E M O R A N D U M ORDER Petitio n er, a state prisoner proceeding pro se, has filed an application for a writ of h a b e a s corpus pursuant to 28 U.S.C. § 2254. Petitioner has previously filed an application f o r writ of habeas corpus attacking the conviction and sentence challenged herein. The p r e v i o u s application, No. 07-2119, was denied and dismissed with prejudice on February 22, 2 0 0 8 , because it was time-barred by the one-year limitation period imposed by the ADEPA. Before Petitioner can proceed with the instant application he must move in the United S t a t e s Court of Appeals for the Fifth Circuit for an order authorizing the district court to con side r the application. See 28 U.S.C. § 2244(b)(3). A cc or di ng ly; I T IS HEREBY ORDERED that this action is stayed for a period of sixty (60) days. Petitioner's failure to obtain authorization within that time from the United States Court of Ap peals for the Fifth Circuit to proceed with this action will result in this petition being s t r ic k e n from the record.

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T H U S DONE AND SIGNED, in chambers, in Shreveport, Louisiana, on this 6th day o f October, 2010.

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