Golden v. Director, TDCJ-CID

Filing 15

ORDER ADOPTING REPORT AND RECOMMENDATIONS. The petition for a writ of habeas corpus is DISMISSED without prejudice for lack of subject matter jurisdiction. A certificate of appealability is DENIED. All motions not previously ruled on are hereby DENIE D. The Clerk of Court shall return unfiled any new petitions for a writ of habeas corpus submitted by Petitioner regarding his conviction unless he shows that he received permission from the Fifth Circuit to file it. Signed by Judge Leonard Davis on 11/17/14. (mll, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
RASHAAN GOLDEN, #1070308

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VS.

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DIRECTOR, TDCJ-CID

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CIVIL ACTION NO. 6:14cv745

ORDER OF DISMISSAL
Petitioner Rashaan Golden, an inmate confined in the Texas prison system, proceeding pro se,
filed the above-styled and numbered petition for a writ of habeas corpus challenging his Smith County
conviction for injury to a child. The petition was referred to United States Magistrate Judge K. Nicole
Mitchell, who issued a Report and Recommendation concluding that the petition for a writ of habeas
corpus should be dismissed for lack of subject matter jurisdiction as a second or successive petition.
Petitioner has filed objections.
The Report of the Magistrate Judge, which contains her proposed findings of fact and
recommendations for the disposition of such action, has been presented for consideration, and having
made a de novo review of the objections raised by Petitioner to the Report, the Court is of the opinion
that the findings and conclusions of the Magistrate Judge are correct and the objections of Petitioner
are without merit. The present petition is the latest attempt by Petitioner to challenge his conviction.
He did not show that the Fifth Circuit granted him permission to file a second or successive petition
as required by 28 U.S.C. § 2244. Moreover, the Fifth Circuit’s case information website reveals that
he has been repeatedly denied permission to file a successive petition. Petitioner’s objections do not
show that this Court has subject matter jurisdiction to consider his case. Therefore the Court hereby
adopts the findings and conclusions of the Magistrate Judge as the findings and conclusions of the
Court. It is accordingly
ORDERED that the petition for a writ of habeas corpus is DISMISSED without prejudice for
lack of subject matter jurisdiction. It is further

ORDERED that a certificate of appealability is DENIED. It is further
ORDERED that all motions not previously ruled on are hereby DENIED. It is finally
ORDERED that the Clerk of Court shall return unfiled any new petitions for a writ of habeas
corpus submitted by Petitioner regarding his conviction unless he shows that he received permission
from the Fifth Circuit to file it.
So ORDERED and SIGNED this 17th day of November, 2014.

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LEONARD DAVIS
UNITED STATES DISTRICT JUDGE

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