Pumphrey v. Stephens, Director TDCJ-CID
ORDER ACCEPTING 18 FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: The petition is TRANSFERRED to the United States Court of Appeals for the Fifth Circuit. The Clerk's Office is directed to open a new civil action, nature of suit 530, and terminate the Rule 60(b) motion in this case. (Ordered by Chief Judge Barbara M.G. Lynn on 7/14/2017) (sss)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
LORIE DAVIS, Director, TDCJ-CID,
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. 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.
IT IS THEREFORE ORDERED that the motion for relief from judgment filed under Fed.
R. Civ. P. 60(b) is construed as a successive habeas petition under 28 U.S.C. § 2254 and the
petition is TRANSFERRED to the United States Court of Appeals for the Fifth Circuit. See 28
U.S.C. § 2244(b)(3); 28 U.S.C. § 1631. 1 The Clerk's Office is directed to open a new civil
action, nature of suit 530, and terminate the Rule 60(b) motion in this case.
SO ORDERED this
day of July, 2017.
An order transferring a successive application to the court of appeals is not a final order
requiring a certificate of appealability. See United States v. Fulton, 780 F.3d 683, 688 (5th Cir.
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