Argumaniz v. Thaler, Director TDCJ-CID

Filing 4

ORDER ACCEPTING 2 FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE. It is ORDERED that Petitioner Argumaniz's petition for writ of habeas corpus be transferred to the Fifth Circuit for certification. (Fifth Circuit notified via copy of the Notice of Electronic Filing.) (Ordered by Judge Reed C O'Connor on 3/2/2011) (mfw)

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION GILBERT FLORES ARGUMANIZ, Petitioner, v. RICK THALER, Director Texas Department of Criminal Justice, Correctional Institutions Division, Defendant. § § § § § Civil Action No. 3:11-CV-0175-O-BK § § § § § §

ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE Before the Court is the Recommendation of the United States Magistrate Judge filed on January 28, 2011 in accordance with 28 U.S.C. § 636(b)(1). See ECF No. 2. No objections have been filed. Petitioner Argumaniz filed a Motion for Authorization to File a Second 28 U.S.C. § 2254 Habeas Petition. See ECF No. 1. The Magistrate Judge recommends transferring Petitioner's case to the Fifth Circuit for ruling on petitioner's authorization to continue with a successive habeas petition. See ECF No. 2. After reviewing all relevant matters of record in this case, the Court finds that the Findings and Conclusions of the Magistrate Judge are correct and they are accepted as the Findings and Conclusions of the Court. Accordingly, for foregoing reasons the Court ACCEPTS the Findings, Conclusions, and Recommendation of the Magistrate Judge. It is therefore ORDERED that Petitioner Argumaniz's petition for writ of habeas corpus be transferred to the Fifth Circuit for certification. SO ORDERED on this 2nd day of March, 2011.

_____________________________________ Reed O'Connor UNITED STATES DISTRICT JUDGE