Carter v. Davis, Director TDCJ-CID

Filing 9

Order: 7 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 8 Findings and Recommendations. The court dismisses this action without prejudice for lack of subject matter jurisdiction. (Ordered by Judge Sam A Lindsay on 2/25/2016) (twd)

IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
KEITH LEANNEL CARTER, #1122236,
Petitioner,
v.
WILLIAMS STEPHENS, Director
TDCJ-CID,
Respondent.

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Civil Action No. 3:15-CV-3758-L

ORDER
Before the court is Petitioner Keith Leannel Carter’s (“Petitioner”) pro se petition for
habeas corpus relief pursuant to 28 U.S.C. § 2254. The case was referred to Magistrate Judge
Renee Harris Toliver, who entered the Findings, Conclusions and Recommendation of the United
States Magistrate Judge (“Report”) on February 5, 2016, recommending that the court dismiss this
action without prejudice and transfer it to the United States Court of Appeals for the Fifth Circuit
as a successive application. No objections to the Report were filed.
Having reviewed the file, record in this case, and Report, the court determines that the
findings and conclusions of the magistrate judge are correct, and accepts them as those of the
court. Accordingly, the court directs the clerk of the court to transfer Petitioner’s section 2254
motion to the Fifth Circuit for determination and dismisses this action without prejudice for lack
of subject matter jurisdiction. *

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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).

Order – Page 1

It is so ordered this 25th day of February, 2016.

_________________________________
Sam A. Lindsay
United States District Judge

Order – Page 2