Langendorfer v. David Wade Correctional Center

Filing 5

MEMORANDUM ORDER: It is 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)

- M L H Langendorfer v. David Wade Correctional Center

Doc. 5

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

J A M E S R. LANGENDORFER VERSUS W A R D E N JERRY GOODWIN

C I V I L ACTION NO. 10-556-P JUDGE HICKS 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 habeas c o r p u s pursuant to 28 U.S.C. § 2254. Petitioner has previously filed an application for writ of h a b e a s corpus attacking the convictions challenged herein. The previous application was denied on the merits on November 16, 1994. See Langendorfer v. Warden, 90-cv-1143. 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 consider the application. 28 U.S.C. §2244(b)(3). A cc or di ng ly; IT IS HEREBY ORDERED that this action is stayed for a period of sixty (60) days. P e t i ti o n er ' 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 action being stricken. T H U S DONE AND SIGNED, in chambers, at Shreveport, Louisiana, on this the 6th day o f October, 2010.

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