Hubbard v. Louisiana State Penitentiary

Filing 35

JUDGMENT; adopting 32 Report and Recommendations.; dismissing 30 Motion. IT IS ORDERED that petitioners Motion for Relief from a Final Judgment Under F.R.C.P. 60 be construed as a petition for habeas corpus filed pursuant to 28 U.S.C. §225 4; that it be deemed successive; and, that it be DISMISSED for lack of jurisdiction because petitioner did not obtain permission from the United States Fifth Circuit Court of Appeals prior to filing. Signed by Judge Robert R Summerhays on 11/9/2020. (crt,Jordan, P)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
LAFAYETTE DIVISION

JAMIE HUBBARD

CASE NO. 6:13-CV-00802

VERSUS

JUDGE ROBERT R. SUMMERHAYS

WARDEN

MAGISTRATE JUDGE HANNA

J UD G M E N T
For the reasons contained in the Report and Recommendation of the
Magistrate Judge filed previously herein, noting the absence of objections thereto,
and concurring with the Magistrate Judge’s findings under the applicable law;;
IT IS ORDERED that petitioner’s Motion for Relief from a Final Judgment
Under F.R.C.P. 60 be construed as a petition for habeas corpus filed pursuant to 28
U.S.C. §2254; that it be deemed successive; and, that it be DISMISSED for lack of
jurisdiction because petitioner did not obtain permission from the United States Fifth
Circuit Court of Appeals prior to filing.
THUS DONE in Chambers on this 9th day of November, 2020.

Robert R. Summerhays
United States District Judge