Broussard v. United States of America

Background

Aaron Rhy Broussard, described in the opinion as a federal criminal defendant, filed his third habeas petition in recent weeks. He sought to challenge the federal criminal prosecution that was still ongoing against him. The court had already advised him twice that a habeas petition was not the proper procedure for those challenges. According to the court, he had to raise them in the criminal case itself and, if necessary, on direct appeal after the prosecution ended.

The court relied on its explanation in Broussard’s earlier related proceeding. It also noted that the court could apply the rules governing habeas cases under Section 2254 even though Broussard’s petition was not brought under that statute.

Rulings

The court summarily denied the habeas petition and dismissed the matter under Rule 4 of the Rules Governing Section 2254 Cases. The court did not decide the underlying legal challenges to Broussard’s criminal prosecution; it ruled that this habeas proceeding was not the proper procedural vehicle for presenting them.

The court also denied Broussard’s application to proceed without paying filing fees. It denied his motion for a temporary restraining order because he could not establish any likelihood of success on the merits of his petition. Finally, the court certified that any appeal from the judgment would not be taken in good faith, meaning the court made the certification required to deny fee-waiver status for such an appeal if he requested it.

Disposition

Judge Susan Richard Nelson ordered that the petition be summarily denied, that the matter be dismissed, that the application to proceed without paying filing fees be denied, and that the motion for a temporary restraining order be denied. The order did not state that the dismissal was with or without prejudice.