Johnson v. Louisiana State Penitentiary

Filing 9

MEMORANDUM ORDER STAYING CASE for 60 days. Petitioner's failure to obtain authorization from 5th Circuit will result in action being stricken. Signed by Magistrate Judge Mark L Hornsby on October 31, 2012. (crt,Dunford, T)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF LOUISIANA
SHREVEPORT DIVISION
VICTOR JOHNSON

CIVIL ACTION NO. 11-291-P

VERSUS

JUDGE HICKS

WARDEN BURL CAIN

MAGISTRATE JUDGE HORNSBY
MEMORANDUM ORDER

Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas
corpus pursuant to 28 U.S.C. § 2254. Petitioner has previously filed an application for writ of
habeas corpus attacking the convictions challenged herein. The previous application was denied
on the merits on February 10, 2003. See Johnson v. Warden, 01-cv-1067.
Before petitioner can proceed with the instant application, he must move in the United
States 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).
Accordingly;
IT 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
Appeals for the Fifth Circuit to proceed with this action will result in this action being stricken.
THUS DONE AND SIGNED, in chambers, at Shreveport, Louisiana, on this the 31st
day of October 2012.