UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA JIMMY WOODROW MAGEE CIVIL ACTION VERSUS NO. 19-9487 WARDEN JASON KENT SECTION M (2)

O R D E R The court, having considered the petition, the record, the applicable law, the Report and Recommendation of the United States Magistrate Judge (R. Doc. 18), and the failure

of any party to file an objection to the Magistrate Judge’s Report and Recommendation, hereby approves the Report and Recommendation of the United States Magistrate Judge and adopts it as its opinion in this matter. Therefore, IT IS ORDERED that petitioner’s Motion to Stay and Abey (R. Doc. 15) is DENIED.

IT IS FURTHER ORDERED that the instantpetition for issuance of a writ of habeas corpus under

(R. Doc. 1) be TRANSFERREDto theUnited States Court of Appealsfor theFifth Circuit in accordance with In re Epps,

(5th Cir. 1997), for that court to determine whether petitioner is authorized under

(b) to file this habeas corpus petition in this district court.

New Orleans, Louisiana, this 23rd day of October, 2019.

__________________________________ BARRY W. ASHE UNITED STATES DISTRICT JUDGE