Johnson v. Stephens Director TDCJ-CID

Filing 38

ORDER ACCEPTING 36 FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE. The Clerk's Office is directed to open a new civil action, nature of suit 530, with direct assignment to Chief Judge Lynn and Magistrate Judge Stickney, and terminate the motion in this case. (Civil case opened as 3:17-cv-03178-M-BF) (Ordered by Chief Judge Barbara M.G. Lynn on 11/20/2017) (aaa) Modified on 11/20/2017 (aaa).

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
GREGORY DONEL JOHNSON,
Petitioner,
v.
LORIE DAVIS, Director, Texas Dept. of
Criminal Justice, Criminal Institutions
Division,
Respondent.

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No. 3:14-CV-2406-M-BF

ORDER ACCEPTING FINDINGS, CONCLUSIONS AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
The United States Magistrate Judge made Findings, Conclusions, and a Recommendation
in this case. No objections were filed. The District Court reviewed the proposed Findings,
Conclusions, and Recommendation for plain error. Finding none, the Court ACCEPTS the
Findings, Conclusions, and Recommendation of the United States Magistrate.
IT IS THEREFORE ORDERED that the motion for leave to file a successive petition 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, with direct assignment to Chief Judge Lynn and Magistrate Judge Stickney, and
terminate the motion in this case.

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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.
2015).

SO ORDERED this 20th day of November, 2017.