Clark v. United States of America

Filing 5

Order Accepting Findings and Recommendations re: 3 Findings and Recommendations on Case re: 2 Motion to Vacate under 28 U.S.C. 2255. IT IS THEREFORE ORDERED that the successive section 2255 motion is TRANSFERRED to the United States Court of Appeals for the Fifth Circuit. (Ordered by Judge David C Godbey on 7/6/2016) (mem)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION MICHAEL D. CLARK, #23521-077, Petitioner, v. UNITED STATES OF AMERICA, Respondent. ' ' ' ' ' ' ' 3:16-CV-1184-N-BK (3:92-CR-382-N-1) 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. 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 section 2255 motion 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. § 1631.2 SO ORDERED this 6th day of July, 2016. ________________________________ UNITED STATES DISTRICT JUDGE 2 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).

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