Smith v. King

Filing 77

ORDER ADOPTING REPORT AND RECOMMENDATIONS. This Court hereby DISMISSES WITHOUT PREJUDICE Petitioners motion and supplemental motion to reopen habeas corpus proceedings [Docket nos. 64 and 70] for lack of jurisdiction because the motions amount to a successive habeas petition. This Court further DENIES Petitioners motion for an evidentiary hearing [Docket no. 68]. Signed by District Judge Henry T. Wingate on 11/20/2020 (KNS) (copies of NEF and ORDER mailed to Petitioner)

Case 3:08-cv-00486-HTW-LRA Document 77 Filed 11/20/20 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
NORTHERN DIVISION
RONNIE EDWARD SMITH

V.

PETITIONER

CIVIL ACTION NO. 3:08-CV-486 HTW-LRA

RONALD W. KING

RESPONDENT

ORDER ADOPTING REPORT AND RECOMMENDATION
This matter comes before this Court pursuant to the Report and Recommendation of United
States Magistrate Judge Linda R. Anderson. Said document was filed on August 14, 2020. [Docket
no. 73]. On September 14, 20201, Pro Se Petitioner Ronnie Edward Smith (“Petitioner”) filed his
objections to the Report and Recommendation. [Docket no. 75]. Respondent Attorney General of
Mississippi, on September 21, 2020, filed a timely response to Petitioner’s objections. [Docket no.
76].
Based upon the evidence therein contained, this Court finds the Report and Recommendation
well-taken; therefore, the Report and Recommendation of the United States Magistrate Judge
[Docket no. 17] is hereby ADOPTED as the order of this Court.
Further, this Court deems Petitioner’s Rule 60(b) motion to be a successive habeas petition, as
it seeks to attack Petitioner’s conviction and sentence by raising new claims of ineffective assistance
and venue. Petitioner has made no showing that he has received authorization from the Fifth Circuit
Court of Appeals to file a successive application concerning these new claims. This Court, therefore,
lacks jurisdiction to consider these claims at this juncture.

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This Court granted Petitioner’s request for additional time to file his objections to the Magistrate Judge’s report. [See
ECF Text only Order dated 9/11/2020].

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Case 3:08-cv-00486-HTW-LRA Document 77 Filed 11/20/20 Page 2 of 2

This Court hereby DISMISSES WITHOUT PREJUDICE Petitioner’s motion and
supplemental motion to reopen habeas corpus proceedings [Docket nos. 64 and 70] for lack of
jurisdiction because the motions amount to a successive habeas petition.
This Court further DENIES Petitioner’s motion for an evidentiary hearing [Docket no. 68].
SO ORDERED AND ADJUDGED this the 20th day of November, 2020.
s/ HENRY T. WINGATE
UNITED STATES DISTRICT COURT JUDGE

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