Gonzalez v. USA
Filing
6
Order Accepting Findings and Recommendations re: 5 Findings and Recommendations on Case re: 1 Motion to Vacate under 28 U.S.C. 2255. (Ordered by Senior Judge A. Joe Fish on 8/3/2016) (mem)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
FREDERICO GONZALEZ, #31225-177, )
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Petitioner,
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VS.
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UNITED STATES OF AMERICA,
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Respondent.
CIVIL ACTION NO.
3:16-CV-1689-G (BK)
CRIMINAL ACTION NO.
3:03-CR-329(13)-G
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 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.*
The clerk of the court is DIRECTED to transmit a copy of this order to the
Federal Public Defender’s Office.
SO ORDERED.
August 3, 2016.
___________________________________
A. JOE FISH
Senior United States District Judge
*
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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