Avist v. Day

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA

CHRISTOPHER AVIST CIVIL ACTION

VERSUS NO. 24-1185

TRAVIS DAY, ET AL. SECTION “R” (3)

ORDER AND REASONS

Petitioner Christopher Rene Avist, an inmate incarcerated in the Rayburn Correctional Center in Angie, Louisiana, filed this petition for writ of habeas corpus under 28 U.S.C. § 2254 on April 29, 2024.1 On June 7, 2024, Magistrate Judge Eva J. Dossier issued a Report and Recommendation (“R&R”), recommending that the Court dismiss the petition without prejudice for lack of jurisdiction as a “second or successive” petition filed without the required authorization from the Court of Appeals.2 Avist did not object to the R&R. Therefore, the Court reviews the R&R for clear error. See Douglass v. United Servs. Auto. Ass’n, 79 F.3d 1415, 1430 (5th Cir. 1996) (en banc), superseded by statute on other grounds, 28 U.S.C. § 636(b)(1); see also Fed. R. Civ. P. 72(b) advisory committee’s note (1983) (“When no timely objection is filed, the court need only satisfy itself that

1 R. Doc. 1. 2 R. Doc. 2. there is no clear error on the face of the record in order to accept the recommendation.”). The Court finds no clear error. Accordingly, the Court adopts Magistrate Judge Dossier’s R&R as its opinion. Avist’s petition is DISMISSED WITHOUT PREJUDICE for lack of jurisdiction.

New Orleans, Louisiana, this _10th _ day of July, 2024. here Varvee SARAH S. VANCE UNITED STATES DISTRICT JUDGE