Opinion
22-CV-0385 (SRN/TNL)
02-09-2022
Aaron Rhy Broussard, Petitioner, v. United States of America; Thomas M. Hollenhorst; Melinda W. Williams; Charles J. Novats, Jr.; and U.S. Department of Justice, Respondents.
ORDER
SUSAN RICHARD NELSON, United States District Judge
This matter is before the Court on review of petitioner Aaron Rhy Broussard's petition for a writ of habeas corpus pursuant to Rule 4 of the Rules Governing Section 2254 Cases in the United States District Courts. As a result of that review, Broussard's petition will be denied for the reasons set forth in the order of dismissal entered in Broussard v. United States, No. 21-CV-2484 (SRN/LIB), 2021 WL 5868719, at *1-2 (D. Minn. Nov. 18, 2021). Broussard's motion for a temporary restraining order [Doc. No. 5] is denied on the grounds that there is no likelihood of success on the merits of Broussard's claims. Broussard's application to proceed in forma pauperis (“IFP”) is likewise denied, see Kruger v. Erickson, 77 F.3d 1071, 1074 n.3 (8th Cir. 1996) (per curiam), and any application by Broussard to proceed IFP on appeal will be denied on the grounds that the habeas petition and appeal are frivolous, see 28 U.S.C. § 1915(a)(3).
Broussard's petition is not brought pursuant to 28 U.S.C. § 2254, but the Rules Governing Section 2254 Cases may nevertheless be applied to his petition. See Rule 1(b).
Based on the submissions and the entire file and proceedings herein, IT IS HEREBY ORDERED THAT:
1. The petition for a writ of habeas corpus of petitioner Aaron Rhy Broussard [Doc. No. 1] is DENIED.
2. Broussard's application to proceed in forma pauperis [Doc. No. 2] is DENIED.
3. Broussard's motion for a temporary restraining order [Doc. No. 5] is DENIED.
4. It is certified that any appeal taken from this dismissal would not be in good faith and that Broussard therefore will not be granted in forma pauperis status on appeal.
LET JUDGMENT BE ENTERED ACCORDINGLY.