Lacy v. Thaler, Director TDCJ-CID

Filing 9

Order: The court determines that the 6 findings and conclusions of the magistrate judge are correct and accepts them as those of the court. Petitioner's objections are overruled. Habeas corpus petition is successive, and the clerk is directed to transfer the matter to the Fifth Circuit Court of Appeals. (Fifth Circuit notified via copy of the Notice of Electronic Filing.) (Ordered by Judge Sam A Lindsay on 7/8/2013) (twd)

IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
NICHOLAS O. LACY, #607743,
v.
RICK THALER, Director
Texas Department of Criminal Justice,
Correctional Institutions Div.,

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Civil Action No. 3:13-CV-972-L

ORDER
Before the court is Nicholas O. Lacy’s (“Lacy” or “Petitioner”) Petition for a Writ of Habeas
Corpus by a Person in State Custody, received by the court on March 5, 2013. The case was referred
to Magistrate Judge Renee Harris Toliver, who entered Findings, Conclusions and Recommendation
of the United States Magistrate Judge (“Report”) on April 2, 2013, recommending that Petitioner’s
successive habeas petition, brought pursuant to 28 U.S.C. § 2254, be transferred to the United States
Court of Appeals for the Fifth Circuit because the court lacks jurisdiction to consider it absent
authorization by the court of appeals. Lacy filed objections to the Report. The objections, however,
do not cure the deficiency noted in the Report. After reviewing the pleadings, file, and record in this
case, the court determines that the findings and conclusions of the magistrate judge are correct and
accepts them as those of the court. The court therefore overrules Petitioner’s objections and directs
the clerk of the court to forward Lacy’s habeas petition to the United States Court of Appeals for the
Fifth Circuit for consideration.
It is so ordered this 8th day of July, 2013.
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Sam A. Lindsay
United States District Judge

Order – Solo Page