Hamilton v. Thaler, Director TDCJ-CID

Filing 9

ORDER ACCEPTING 7 FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE. (see order) (Ordered by Judge Jane J Boyle on 8/12/2010) (mcr)

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION STEVEN DOUGLAS HAMILTON, #647007 § Petitioner, § § v. § § RICK THALER, Director, § Texas Department of Criminal Justice, § Correctional Institutions Div., § Respondent. §

3:10-CV-1360-B(BK)

ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE The United States Magistrate Judge made findings, conclusions and a recommendation in this case. Plaintiff/Petitioner filed objections, and the District Court has made a de novo review of those portions of the proposed findings and recommendation to which objection was made. The objections are overruled, and the Court ACCEPTS the Findings, Conclusions and Recommendation of the United States Magistrate Judge, and TRANSFERS the successive petition for writ of habeas corpus to the United States Court of Appeals for the Fifth Circuit pursuant to Henderson v. Haro, 282 F.3d 862, 864 (5th Cir. 2002) and In re Epps, 127 F.3d 364, 365 (5th Cir. 1997). Petitioner's motions for an evidentiary hearing and "special" relief (Doc. #4-5) are DENIED as moot. SO ORDERED this 12th day of August, 2010.

_________________________________ JANE J. BOYLE UNITED STATES DISTRICT JUDGE