Hernandez v. USA

Filing 6

ORDER ACCEPTING 5 FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE. re: 3 Petition for Writ of Habeas Corpus, filed by Johnny M Hernandez, Jr. (Ordered by Judge David C Godbey on 10/27/2014) (ndt)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
JOHNNY M. HERNANDEZ, #33579-177
Petitioner,
vs.
UNITED STATES OF AMERICA,
Respondent.

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No. 3:14-CV-2525-N (BH)
No. 3:05-CR-75-N (16)

ORDER ACCEPTING FINDINGS AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
After reviewing all relevant matters of record in this case, including the Findings, Conclusions, and Recommendation of the United States Magistrate Judge and any objections thereto, in
accordance with 28 U.S.C. § 636(b)(1), the Court is of the opinion that the Findings and Conclusions
of the Magistrate Judge are correct and they are accepted as the Findings and Conclusions of the
Court.
For the reasons stated in the Findings, Conclusions, and Recommendation of the United
States Magistrate Judge, the petition for writ of error coram nobis (doc. 3) is DISMISSED for lack
of jurisdiction. Also for the reasons stated in the Findings, Conclusions, and Recommendation of
the United States Magistrate Judge, the petition is not construed as a § 2255 motion, because this
Court would lack jurisdiction over a successive § 2255 motion without Fifth Circuit authorization.
SIGNED this 27th day of October, 2014.

UNITED STATES DISTRICT JUDGE