Lewis v. USA
ORDER ADOPTING 10 Report and Recommendations and ORDERING motion to vacate be TRANSFERRED to US Court of Appeals for determination purposes. Signed by Judge Robert W. Schroeder, III on 1/27/2017. (sm, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
LARRY WAYNE LEWIS
UNITED STATES OF AMERICA
CIVIL ACTION NO. 5:16cv84
Movant Larry Wayne Lewis, a prisoner confined at the Federal Correctional Complex in
Beaumont, Texas, proceeding
, brought this motion to vacate, set aside, or correct sentence
pursuant to 28 U.S.C. § 2255.
The court referred this matter to the Honorable Caroline M. Craven, United States
Magistrate Judge, at Texarkana, Texas, for consideration pursuant to applicable laws and orders
of this court. The Magistrate Judge states that Mr. Lewis’s motion is a second or successive
motion and therefore cannot be considered unless it is certified by the appropriate court of
appeals. Judge Craven further reasons that Mr. Lewis’s allegations meet the requirements for
Accordingly, to expedite the movant’s claims, the Magistrate Judge
recommends the motion be transferred to the United States Court of Appeals for the Fifth Circuit
for consideration as a second or successive motion.
The court has received and considered the Report and Recommendation of United States
Magistrate Judge, along with the record, pleadings and all available evidence. No objections to
the Report and Recommendation of United States Magistrate Judge were filed by the parties.
Accordingly, the findings of fact and conclusions of law of the Magistrate Judge are
correct, and the report of the magistrate judge is ADOPTED. It is therefore
ORDERED that the above-styled motion to vacate, set aside or correct sentence is
TRANSFERRED to the United States Court of Appeals for the Fifth Circuit for a determination
whether the movant is authorized under 28 U.S.C. § 2255(h) to file a motion to vacate, set aside
or correct sentence.
SIGNED this 27th day of January, 2017.
ROBERT W. SCHROEDER III
UNITED STATES DISTRICT JUDGE
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