Rayford v. Davis-Director TDCJ-CID

Filing 114

ORDER: JUDGMENT: For the reasons set out in a memorandum opinion and order filed today, it is ordered and adjudged that the successive habeas petition filed in this case, the pleading entitled Petitioners Motion for Relief from Judgment Pursuant to Federal Rule of Civil Procedure 60(b), doc. 109, is TRANSFERRED to the United States Court of Appeals for the Fifth Circuit along with his Motion for Stay of Execution Pending Consideration and Disposition of Rule 60(b) Motion, doc. 110. Petitioner has previously been allowed to proceed in forma pauperis, Order, doc. 13, and this status is continued for purposes of appeal. The court denies a certificate of appealability. SO ORDERED this 29th day of January, 2018. (Ordered by Judge Jane J. Boyle on 1/29/2018) (Judge Jane J. Boyle)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
WILLIAM EARL RAYFORD,
Petitioner,
V.
LORIE DAVIS, Director,
Texas Department of Criminal Justice
Correctional Institutions Division,
Respondent.

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Civil Action No. 3:06-CV-978-B
(Death Penalty Case)

JUDGMENT
For the reasons set out in a memorandum opinion and order filed today, it is ordered and
adjudged that the successive habeas petition filed in this case, the pleading entitled “Petitioner’s
Motion for Relief from Judgment Pursuant to Federal Rule of Civil Procedure 60(b),” doc. 109, is
TRANSFERRED to the United States Court of Appeals for the Fifth Circuit along with his “Motion
for Stay of Execution Pending Consideration and Disposition of Rule 60(b) Motion,” doc. 110.
Petitioner has previously been allowed to proceed in forma pauperis, Order, doc. 13, and this status
is continued for purposes of appeal. The court denies a certificate of appealability.
SO ORDERED this 29th day of January, 2018.

_________________________________
JANE J. BOYLE
UNITED STATES DISTRICT JUDGE