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08-847 - Brewer v. Quarterman


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08-847 - Brewer v. Quarterman
May 21, 2008
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FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE on case: It is recommended that Petitioner's motion for leave to file second or successive habeas corpus petition be DENIED without prejudice, and that this case be DISMISSED for want of jurisdiction, but without prejudice to Petitioner's right to file a motion for leave to file a second or successive ยง 2254 petition in the United States Court of Appeals for the Fifth Circuit. Magistrate Judge Paul D Stickney no longer assigned to case. (Signed by Magistrate Judge Paul D Stickney on 05/21/2008) (twd)
June 20, 2008
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ORDER ACCEPTING 6 FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: The court is without jurisdiction to entertain this matter and therefore dismisses Petitioner's habeas petition. This dismissal is without prejudice to Plaintiff's right to file a motion for leave to file a second or successive section 2254 petition in the United States Court of Appeals for the Fifth Circuit. The court denies Petitioner's Motion to Administratively Close Cause No. 3:08-CV-0847-L and declines to file his habeas petition as a new cause because the court is without jurisdiction to consider a second or successive petition that is filed without leave from the appellate court. (Signed by Judge Sam A Lindsay on 6/20/2008) (twd)