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United States v. Thompson, 11-70. (2019)

Court: District Court, E.D. Louisiana Number: infdco20191202774 Visitors: 9
Filed: Nov. 27, 2019
Latest Update: Nov. 27, 2019
Summary: ORDER & REASONS LANCE M. AFRICK , District Judge . Before the Court is petitioner Eugene Thompson's ("Thompson") "motion 1 for sentencing reduction," which the Court liberally construes as a motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. 2255. Thompson previously filed a motion to vacate, set aside, or correct his sentence pursuant to 2255 on January 30, 2015, 2 which the Court dismissed with prejudice on July 8, 2015. 3 Accordingly, IT IS ORDERED that
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ORDER & REASONS

Before the Court is petitioner Eugene Thompson's ("Thompson") "motion1 for sentencing reduction," which the Court liberally construes as a motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. § 2255. Thompson previously filed a motion to vacate, set aside, or correct his sentence pursuant to § 2255 on January 30, 2015,2 which the Court dismissed with prejudice on July 8, 2015.3

Accordingly,

IT IS ORDERED that Thompson's motion be construed in part as a motion for certification for this Court to consider the second or successive claims raised therein.

IT IS FURTHER ORDERED that this motion be and hereby is TRANSFERRED to the United States Fifth Circuit Court of Appeals under the authority of 28 U.S.C. § 1631 for that Court to determine whether petitioner is authorized under 28 U.S.C. § 2244 and § 2255 to file the instant motion to vacate in this Court.

United States District Court Eastern District of Louisiana Office of the Clerk

William W. Blevins 500 Poydras St., Room C-151 Clerk New Orleans, LA 70130 November 27, 2019 Mr. Lyle W. Cayce, Clerk U.S. Court of Appeals, Fifth Circuit 600 S. Maestri Place New Orleans, Louisiana 70130 IN RE: CR 11-70 "I" USA v. Eugene Thompson

Dear Mr. Cayce:

On 11/26/2019, the Honorable Lance M. Africk, United States District Court Judge for this district, entered an order pursuant to 28 U.S.C. 1631 transferring the attached pleading listed below for a determination of whether a petition or motion should be allowed. Also enclosed is a certified copy of the order of transfer and the docket sheet.

X Motion to vacate, set aside, or correct sentence pursuant to 28 U.S.C. 2255 Habeas Corpus petition filed under 28 U.S.C. 2254

Please acknowledge receipt on the enclosed copy of this letter. Very truly yours, WILLIAM W. BLEVINS, CLERK By: _______________________ Deputy Clerk

FootNotes


1. R. Doc. No. 426.
2. R. Doc. No. 346.
3. R. Doc. No. 380.
Source:  Leagle

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