Evans v. Thaler, Director TDCJ-CID

Filing 66

ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: For the reasons stated in the 64 Findings, Conclusions, and Recommendation of the United States Magistrate Judge, the motion for relief from final judgment under Rule 60(b) is CONSTRUED as a successive petition for writ of habeas corpus under 28 U.S.C. § 2254. (Ordered by Judge Jane J Boyle on 10/6/2015) (ran)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
LAVELLE EVANS,
(ID # 1830990),
Petitioner,
v.
WILLIAM STEPHENS,
Texas Department of Criminal
Justice, Correctional Institutions Division,
Respondent.

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No. 3:13-CV-021-B (BH)

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 motion for relief from final judgment under Rule 60(b) is
CONSTRUED as a successive petition for writ of habeas corpus under 28 U.S.C. § 2254. 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) file the post-judgment motion as a § 2254
petition filed August 27, 2015 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 § 2254 action to the United States
Court of Appeals for the Fifth Circuit.
SIGNED this 6th day of October, 2015.

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JANE J. BOYLE
UNITED STATES DISTRICT JUDGE

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