Maines v. USA

Filing 81

JUDGMENT: 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.) Order Adopting Findings and Recommendations re: 76 Findings and Recommendations on Motion re: 74 Motion to Alter Judgment filed by Samuel William Maines. (Ordered by Judge Jane J. Boyle on 10/23/2020) (svc)

Case 3:13-cv-04631-B-BH Document 81 Filed 10/23/20

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
SAMUEL WILLIAM MAINES,
ID # 44442-177,
Movant,
vs.
UNITED STATES OF AMERICA,
Respondent.

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No. 3:13-CV-4631-B-BH
No. 3:12-CR-151-B-1

JUDGMENT
This action came on for consideration by the Court, and the issues having been duly
considered and a decision duly rendered,
It is ORDERED, ADJUDGED and DECREED that:
1.

The Motion for Relief from Judgment Under Rule 60(b), received on September 9, 2020 (doc.

74), construed as successive Motion to Vacate, Set Aside, or Correct Sentence under 28 U.S.C. §
2255, is TRANSFERRED to the United States Court of Appeals for the Fifth Circuit under
Henderson v. Haro, 282 F.3d 862, 864 (5th Cir. 2002) and In re Epps, 127 F.3d 364, 365 (5th Cir.
1997).
2.

The Clerk shall transmit a true copy of this Judgment and the Order Accepting the Findings

and Recommendation of the United States Magistrate Judge to all parties.
SIGNED this 23rd day of October , 2020.

_________________________________
JANE J. BOYLE
UNITED STATES DISTRICT JUDGE