Rodarte v. United States Court of Appeals, Fifth Circut et al
Filing
5
Memorandum Opinion and Order: The court ORDERS petitioner's petition for a writ of habeas corpus be, and is hereby, dismissed for lack of subject matter jurisdiction. For the reasons discussed herein, the court further ORDERS that a certificate of appealability be, and is hereby, denied. (Ordered by Judge John McBryde on 12/18/2014) (mem)
NO.:.;;.TliERN lHSTRlCT Of TEXAS
F TLE·D·'
jt
IN THE UNITED STATES DISTRI T C09RT
FOR THE NORTHERN DISTRICT F TE1S DEC
FORT WORTH DIVISION
.
_
I 8 2014 I
..
J
By ____~----------
§
Petitioner,
~
CLERK, U.S. DISTRiCT COURT
§
JOHN E. RODARTE SR.,
. ..J ji
D"pur~
§
§
v.
No. 4:14-CV-1009-A
§
§
UNITED STATES COURT OF APPEALS,
FIFTH CIRCUIT,
WILLIAM S~EPHENS, DIRECTOR,
TEXAS DEPARTMENT OF CRIMINAL
JUSTICE,
§
§
§
§
.
§
,·'
§
Respondents.
§
MEMORANDUM OPINION
and
.ORDER
The clerk of court opened and docketed upetitioner's
Complaint and Notice Thereof," as a purported petition for writ
of habeas corpus pursuant to 28
u.s.c.
§
2254 filed by petitioner
John E. Rodarte Sr., a state prisoner, against the named
respondents.
After having considered the petition and the relief
sought by petitioner, the court has concluded that the petition
should be summarily dismissed for lack of subject matter
jurisdiction.
I.
Discussion
On September 3, 2004, in Bexar County, Texas, cause no.
2003CR6651, petitioner was convicted of aggravated sexual assault
of a child and indecency with a child and sentenced to life and
twenty years' imprisonment, respectively.
See the TDCJ website,
"Offender Information Details," at http://offender.tdcj.state.tx.
us.
Petitioner sought federal habeas relief from his
conviction(s) in the San Antonio Division of the United States
District Court for Southern District, where the convicting court
is located, on at least two occasions, most recently in Rodarte
v. Stephens, Civil Action No. 5:13-CV-1126-HLH, wherein the
petition was dismissed as a second or successive
See 28 U.S.C.
§
224~(b).
§
2254 petition.
By way of this action, Petitioner
appears to challenge the Fifth Circuit Court of Appeals's denial
of a certificate of appealability and/or the United States
Supreme Court's dismissal of his writ of certiorari as untimely
in that action.
Pet. 1-2, ECF No. 1.
This court has the duty to assure that it has jurisdiction
over the matters before it.
See Burge v .. Parish of St. Tammany,
187 F.3d 452, 465-66 (5th Cir. 1999); MCG,
Inc. v. Great W.
Energy Corp., 896 F.2d 170, 173 (5th Cir. 1990).
challenges
orde~s
Petitioner
issued by the Fifth Circuit and/or the United
States Supreme Court in another federal habeas proceeding.
Rodarte v. Stephens, Civil Action No. 5:13-CV-1126-HLH.
This
court has no authority to review the decisions of the courts in
that action.
2
For the reasons discussed herein,
The court ORDERS petitioner's petition for a writ of habeas
corpus be, and is hereby, dismissed for lack of subject matter
jurisdiction.
For the reasons discussed herein, the court
further ORDERS that a certificate of appealability be, and is
hereby, denied.
SIGNED December
l
g
1
2014 •
3
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