McDonald v. USA
Filing
5
Order Accepting 4 Findings, Conclusions and Recommendation of the United States Magistrate Judge. (Ordered by Judge Jane J Boyle on 8/17/2016) (rekc)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
WAYLON MCDONALD,
Petitioner,
v.
UNITED STATES OF AMERICA
Respondent.
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3:16-CV-1398-B
3:10-CR-0021-B (02)
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.
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 17th day of August, 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).
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