Combs v. USA

Filing 72

ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: The movant's Motion Under 28 U.S.C. § 2255 Second-in-Time or Rule60(b), Fed. R. Civ. P. Appointment of Counsel (doc. 69 ) is construed as a successive 28 U. S.C. § 2255 motion and is hereby TRANSFERRED to the United States Court of Appeals for the Fifth Circuit. The Clerk of the Court is DIRECTED to (1) terminate the post-judgment motion in this habeas case; (2) open a new habeas case for administr ative purposes only; (3) docket the postjudgment motion as a § 2255 motion filed 5/26/2017, in that new case; (4) directly assign the new case to the same District Judge and Magistrate Judge as in this case; (5) file a copy of the Findings, Conc lusions, and Recommendation of the United States Magistrate Judge and the order accepting those Findings, Conclusions, and Recommendation, and the judgment in that new case and (6) and without further judicial action, immediately TRANSFER the newly opened § 2255 action to the United States Court of Appeals for the Fifth Circuit. [Civil case 3:17-cv-01678 opened] (Ordered by Judge David C Godbey on 6/26/2017) (sss)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
ROY COMBS,
ID # 30807-177,
Movant,
vs.
UNITED STATES OF AMERICA,
Respondent.

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No. 3:08-CV-032-N
No. 3:03-CR-188-N (9)

ORDER ACCEPTING FINDINGS AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
After reviewing all relevant matters of record in this case, including the Findings, Conclusions, and Recommendation of the United States Magistrate Judge and any objections thereto, in
accordance with 28 U.S.C. § 636(b)(1), the Court is of the opinion that the Findings and Conclusions
of the Magistrate Judge are correct and they are accepted as the Findings and Conclusions of the
Court. For the reasons stated in the Findings, Conclusions, and Recommendation of the United
States Magistrate Judge, the movant’s Motion Under 28 U.S.C. § 2255 Second-in-Time or Rule
60(b), Fed. R. Civ. P. Appointment of Counsel (doc. 69) is construed as a successive 28 U.S.C. §
2255 motion and is hereby TRANSFERRED to the United States Court of Appeals for the Fifth
Circuit under Henderson v. Haro, 282 F.3d 862, 864 (5th Cir. 2002) and In re Epps, 127 F.3d 364,
365 (5th Cir. 1997).
The Clerk of the Court is DIRECTED to (1) terminate the post-judgment motion in this
habeas case; (2) open a new habeas case for administrative purposes only; (3) docket the postjudgment motion as a § 2255 motion filed May 26, 2017, in that new case; (4) directly assign the
new case to the same District Judge and Magistrate Judge as in this case; (5) file a copy of the
Findings, Conclusions, and Recommendation of the United States Magistrate Judge and the order
accepting those Findings, Conclusions, and Recommendation , and the judgment in that new case;

and (6) and without further judicial action, immediately TRANSFER the newly opened § 2255
action to the United States Court of Appeals for the Fifth Circuit.
SIGNED this 26th day of June, 2017.

UNITED STATES DISTRICT JUDGE

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