Johnson v. State of Mississippi

Filing 41

ORDER denying 38 Performance Contract Military Motion ; denying 39 Motion to Quash Defective Indictment; denying 36 Motion to Limit Evidence of the Judge's Final Judgment Signed by District Judge Henry T. Wingate on 1/31/2019 (nd)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
NORTHERN DIVISION
JORDY DEVONTE JOHNSON, #190968

PETITIONER

VERSUS

CIVIL ACTION NO. 3:15-cv-775-HTW-LRA

STATE OF MISSISSIPPI

RESPONDENT
ORDER

This matter is before the Court on Petitioner’s Motions docketed as “Military Performance
Motion against the Judge Dismissing a Motion” [33], “Motion to Limit the Evidence of the
Judge[‘s] Final Judg[]ment” [36], “Writ of Habeas Corpus Motion to Limit the Evidence of the
Judge[‘s] Final Judg[]ment” [37], “Performance Contract Military Pro’Se Motion” [38], and
“Motion to Quash Defective Indictment” [39].

Having reviewed the Motions [33, 36, 37, 38, 39]

as well as the record, this Court finds that the Motions [33, 36, 37, 38, 39] will be denied for the
following reason.
The Court dismissed Petitioner’s action on February 19, 2016, for failing to comply with
the Court’s previous orders instructing him to submit his § 2254 petition properly.
continually failed to comply with these orders and instructions.
remains closed.

Petitioner has

Therefore, the instant civil action

As such, this Court is without jurisdictional bases to consider the merits of

Petitioner’s Motions [33, 36, 37, 38, 39].

See Clay v. Johnson, Appeal No. 10-60031 (5th Cir.

Oct. 6, 2010) (citing United States v. Early, 27 F.3d 140, 142 (5th Cir. 1994) (holding that a motion
filed in a closed case is to be considered “a meaningless, unauthorized motion”)).

Therefore,

there are no jurisdictional bases for Petitioner filing the instant Motions [33, 36, 37, 38, 39] and as
such, they are denied.

See Id. Accordingly, it is

ORDERED AND ADJUDGED that the Motions [33, 36, 37, 38, 39] are denied.
SO ORDERED AND ADJUDGED this the 31st day of January, 2019.
/s/HENRY T. WINGATE
UNITED STATES DISTRICT JUDGE