Arnick v. USA

Filing 6

Order Accepting Findings Conclusions and Recommendation of the United States Magistrate Judge re: 5 Findings and Recommendations on Case re: 2 Motion to Vacate under 28 U.S.C. 2255. (Ordered by Judge Barbara M.G. Lynn on 3/24/2016) (mem)

IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
DEQUINTAN ARNICK
(BOP Register No. 39501-177),
Movant,
V.
UNITED STATES OF AMERICA,
Respondent.

§
§
§
§
§
§
§
§
§
§

No. 3:16-CV-560-M

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 Judge.
Because the Court is transferring this successive 28 U.S.C. § 2255 motion to
vacate, set aside, or correct sentence to the United States Court of Appeals for the
Fifth Circuit for appropriate action, the Court need not address whether Movant is
entitled to a certificate of appealability (“COA”). See United States v. Fulton, 780 F.3d
683, 688 (5th Cir. 2015) (“[A] transfer order under 28 U.S.C. § 1631 is not a final order
within the meaning of [28 U.S.C.] § 2253(c)(1)(B), and the appeal of such an order
does not require a COA.”).

1

But in the event that the Movant will file a notice of appeal, the Court notes
that he must pay the filing fee or file a motion for leave proceed in forma pauperis on
appeal.
SO ORDERED this 24th day of March, 2016.

2