Perkins v. Stephens-Director TDCJ-CID et al

Filing 5

ORDER ACCEPTING 3 FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: IT IS THEREFORE ORDERED that the successive habeas petition is TRANSFERRED to the United States Court of Appeals for the Fifth Circuit. (Ordered by Judge Jane J Boyle on 4/4/2016) (bdb)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
TROY LEE PERKINS,
Petitioner,
v.
WILLIAM STEPHENS, Director, Texas
Dept. Of Criminal Justice, Correctional
Institutions Division,
Respondent.

§
§
§
§
§
§
§
§
§

No. 3:16-CV-0594-B

ORDER ACCEPTING FINDINGS AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
The United States Magistrate Judge made Findings, Conclusions, and a Recommendation
in this case. Plaintiff/Petitioner filed objections, and the District Court has made a de novo review
of those portions of the proposed findings and recommendation to which objection was made. The
objections are overruled, and the Court ACCEPTS the Findings, Conclusions, and
Recommendation of the United States Magistrate Judge.
IT IS THEREFORE ORDERED that the successive habeas 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
SO ORDERED this 4th day of April, 2016.

1

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).