Winkfield v. Stephens, Director TDCJ-CID

Filing 15

Order Accepting 13 Findings and Recommendations Findings, Conclusions, and Recommendation re: 12 Motion for Judicial Notice. (Ordered by Judge Sam A Lindsay on 6/1/2015) (ykp)

IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
ALFORD J. WINKFIELD, ID# 1664170,
Petitioner,
v.
WILLIAMS STEPHENS, Director
Texas Department of Criminal Justice,
Correctional Institution Division,
Respondent.

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Civil Action No. 3:13-CV-3651-L

ORDER
Before the court is Alford J. Winkfield’s (“Petitioner”) Motion for Judicial Notice (Doc. 12),
filed May 5, 2015. This section 2254 habeas case was previously dismissed with prejudice on
November 12, 2013, as barred by the statute of limitations. On May 8, 2015, Magistrate Judge Irma
Carrillo Ramirez (“Magistrate Judge Ramirez”) entered Findings, Conclusions and Recommendation
of the United States Magistrate Judge (“Report”), recommending that Petitioner’s Motion for
Judicial Notice be construed as a successive habeas petition under 28 U.S.C. § 2254 and transferred
to the United States Court of Appeals for the Fifth Circuit. Petitioner filed objections to the Report.
After considering the motion, file, record in this case, objections, and Report, the court
determines that the findings and conclusions of the magistrate judge are correct, accepts them as
those of the court, and construes Petitioner’s Motion for Judicial Notice as a successive habeas
petition under 28 U.S.C. § 2254. When a petition is deemed successive, the district court lacks
subject matter jurisdiction unless a panel of the Fifth Circuit allows the successive petition to
proceed. Accordingly, the court directs the clerk of the court to: (1) term Petitioner’s Motion for
Order – Page 1

Judicial Notice (Doc. 12); (2) open a new habeas case for administrative purposes only; (3) file
Petitioner’s Motion for Judicial Notice (Doc. 12) in the new case as a section 2254 petition with a
filing date of May 5, 2015; (4) assign the new case to this court and Magistrate Judge Ramirez; (5)
file a copy of the Report (Doc. 13) and this order accepting the findings and conclusions of the
magistrate judge in the new case; and (6) and, without further judicial action, immediately transfer
Petitioner’s section 2254 habeas petition (Doc. 12) to the Fifth Circuit for determination.
It is so ordered this 1st day of June, 2015.

_________________________________
Sam A. Lindsay
United States District Judge

Order – Page 2