Wilson v. Epps et al

Filing 114

ORDER denying as moot 112 Motion for records and transcript Signed by Honorable David C. Bramlette, III on 12/13/2013 (ECW)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
WESTERN DIVISION
BOBBY EARL WILSON, JR.
VS.

PLAINTIFF
CIVIL ACTION NO. 5:07-cv-165(DCB)(MTP)

CHRISTOPHER B. EPPS, ET AL.

DEFENDANTS
ORDER

This cause is before the Court on the plaintiff Bobby Earl
Wilson, Jr.’s motion for records and transcript (docket entry 112).
Having carefully considered the motion and the record in this case,
the Court finds as follows:
The plaintiff filed his petition for writ of habeas corpus on
August 30, 2007, pursuant to 28 U.S.C. § 2254.

On July 26, 2010,

the plaintiff’s action was dismissed with prejudice in a final
judgment.

Wilson appealed from the final judgment, and the Fifth

Circuit denied him a certificate of appealability on April 4, 2011.
The plaintiff now seeks a copy of the transcript from the Circuit
Court of Warren County Mississippi, the court of the underlying
conviction, as well as copies of his § 2254 petition and all court
opinions and orders, so that he may file a successive petition with
the Fifth Circuit.

On August 27, 2013, the Fifth Circuit denied

the plaintiff authorization to file a successive habeas corpus
petition.

The present motion is therefore moot.

Accordingly,
IT IS HEREBY ORDERED that the plaintiff Bobby Earl Wilson,

Jr.’s motion for records and transcript (docket entry 112) is
DENIED AS MOOT.
SO ORDERED, this the 13th day of December, 2013.

/s/ David Bramlette
UNITED STATES DISTRICT JUDGE

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