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15-3760 - Sandoval v. United State of America et al


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15-3760 - Sandoval v. United State of America et al
April 25, 2016
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FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: It is recommended that, the petition for writ of habeas corpus under 28 U.S.C. § 2241 be summarily DISMISSED WITHOUT PREJUDICE for want of jurisdiction. Alternatively, if the Court construes the section 2241 petition as a successive 28 U.S.C. § 2255 motion, it should be DISMISSED WITHOUT PREJUDICE for want of jurisdiction and for failure to obtain prior authorization from the United States Court of Appeals for the Fifth Circuit to file a successive section 2255 motion. See 28 U.S.C. § 2255(h), 28 U.S.C. § 2244(b)(3). (Ordered by Magistrate Judge Renee Harris Toliver on 4/25/2016) (mcrd)
May 23, 2016
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Order Accepting 10 Findings and Recommendations and Denying Certificate of Appealability. The court certifies that any appeal of this action would not be taken in good faith. (Ordered by Chief Judge Barbara M.G. Lynn on 5/23/2016) (aaa)