Francis v. Hooper

Filing 9

MEMORANDUM ORDER denying without prejudice 2 Motion to Re-characterize; denying 3 Motion to Adopt Exhibits. Signed by Magistrate Judge Patrick J Hanna on 10/11/2016. (crt,Williams, L)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
ERIC FRANCIS
LA. DOC #418411
VS.

CIVIL ACTION NO. 6:16-1262
SECTION P
JUDGE DRELL

TIM HOOPER
MAGISTRATE JUDGE HANNA
MEMORANDUM ORDER
Before the court are the Motion to Re-characterize and Motion to Adopt
Exhibits filed by pro se petitioner Eric Francis in connection with his petition for
writ of habeas corpus filed pursuant to 28 U.S.C. §2254 on September 6, 2016.
[rec. docs. 2 and 3]. By the former Motion, Francis requests that this Court "recharacterize" a federal habeas corpus petition Francis claims to have filed in this
Court in February, 2016 from an alleged second and successive federal habeas
corpus petition to a first federal habeas corpus petition, and then relate the instant
federal habeas corpus petition back to the date of the alleged February, 2016
filing. By the latter Motion, Francis requests that this Court adopt the exhibits he
allegedly submitted with his alleged February, 2016 filing.
This Court has examined its records and has determined that Francis did not
file any prior federal habeas corpus actions in this Court challenging his February
17, 2009 manslaughter conviction in February, 2016 or at any time prior to his
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February 17, 2009 manslaughter conviction challenged herein. To the contrary,
this Court's records reveal that a prisoner named Eric Francis filed a federal
habeas corpus action in 1997, challenging drug convictions. See Eric Francis v.
Warden Allen Correctional Center, 6:97-cv-2009 (W.D. La. 1997). The Louisiana
DOC number of that petitioner does not match that of Francis in this case.
Accordingly, it is unclear if that action was filed by petitioner.
For the above reasons;
IT IS ORDERED that the Motion to Re-characterize and Motion to Adopt
Exhibits [rec. docs. 2 and 3] are DENIED without prejudice to the right of
petitioner to provide evidence of the prior filing whether by docket number, actual
documents that were filed, or any correspondence from this Court from which a
prior filing can be identified.
THUS DONE AND SIGNED in chambers, in Lafayette, Louisiana, this
11th day of October, 2016.

________________________________
PATRICK J. HANNA
UNITED STATES MAGISTRATE JUDGE

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