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07-1666 - Hickson v. United States of America


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07-1666 - Hickson v. United States of America
February 4, 2008
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FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: It is recommended that the petition be DISMISSED for want of jurisdiction. The district court lacks jurisdiction to entertain Petitioner's pleading as a § 2241petition. Similarly the district court lacks jurisdiction to construe the petition as a § 2255 motion because Petitioner has not received prior permission from the Fifth Circuit to file a successive §2255 motion. Magistrate Judge Wm F Sanderson, Jr no longer assigned to case. (Signed by Magistrate Judge Wm F Sanderson, Jr on 2/4/2008) (mfw)
February 26, 2008
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ORDER ACCEPTING 4 FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE (Signed by Judge A. Joe Fish on 2/26/2008) (twd)