Lofton v. State of Mississippi et al

Filing 17

ORDER dismissing as moot 12 Motion for Extension of Time; dismissing as moot 16 Motion for Relief from Final Judgment. Signed by District Judge Sharion Aycock on 9/24/19. (jla)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
ABERDEEN DIVISION
JOHN H. LOFTON

PETITIONER

v.

No. 1:18CV117-SA-RP

STATE OF MISSISSIPPI, ET AL.

RESPONDENTS

ORDER DISMISSING AS MOOT: (1) PETITIONER’S MOTION [12]
TO EXTEND THE DEADLINE TO REQUEST FROM THE FIFTH CIRCUIT
AUTHORIZATION TO PROCEED WITH A SUCCESSIVE PETITION FOR A WRIT OF
HABEAS CORPUS, (2) PETITIONER’S MOTION [16] FOR RELIEF
FROM JUDGMENT
This matter comes before the court on two motions by the petitioner: (1) a motion [12] to
extend the deadline to request permission from the Fifth Circuit Court of Appeals to proceed in this
court with a successive petition for a writ of habeas corpus, and (2) a motion [16] for relief from
judgment. On June 6, 2019, the Fifth Circuit issued a detailed order denying the petitioner permission
to proceed with a second or successive petition for a writ of habeas corpus under 28 U.S.C. § 2254.
As the Fifth Circuit has already ruled on the issues involved in these motions [12], [16], they are
DISMISSED with prejudice as moot.
SO ORDERED, this, the 24th day of September, 2019.
/s/ Sharion Aycock
U. S. DISTRICT JUDGE