Epinger v. Stephens-Director TDCJ-CID

Filing 19

ORDER ACCEPTING 17 FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: 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.) (Ordered by Chief Judge Barbara M.G. Lynn on 11/30/2017) (ran)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
LAMONT EARL EPINGER,
ID # 674574,
Petitioner,
vs.
LORIE DAVIS, Director,
Texas Department of Criminal
Justice, Correctional Institutions Division,
Respondent.

)
)
)
)
)
)
)
)
)

No. 3:16-CV-0444-M

ORDER ACCEPTING FINDINGS AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
After reviewing the objections to the Findings, Conclusions, and Recommendation of the
United States Magistrate Judge and conducting a de novo review of those parts of the Findings and
Conclusions to which objections have been made, 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 habeas corpus is successive and is hereby TRANSFERRED
to the United States Court of Appeals for the Fifth Circuit pursuant to Henderson v. Haro, 282 F.3d
862, 864 (5th Cir. 2002), and In re Epps, 127 F.3d 364, 365 (5th Cir. 1997), by separate judgment.1
SIGNED this 30th day of November, 2017.

_________________________________
BARBARA M. G. LYNN
CHIEF JUDGE
1

A certificate of appealability (COA) is not required to appeal an order transferring a successive habeas petition. See
In re Garrett, 633 F. App’x 260, 261 (5th Cir. 2016); United States v. Fulton, 780 F.3d 683 (5th Cir.2015).