Hobbs v. Davis-Director TDCJ-CID

Filing 8

Order Accepting 7 Findings and Recommendation of the United States Magistrate Judge. Habeas corpus petition is successive, and the clerk is directed to transfer the matter to the Fifth Circuit Court of Appeals. (Fifth Circuit notified via copy of the Notice of Electronic Filing.) (Ordered by Judge Sam A Lindsay on 11/22/2016) (axm)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
ERIC CHARLES HOBBS, #1488486,
Petitioner,
v.
LORIE DAVIS, Director
Texas Department of Criminal Justice,
Correctional Institutions Division,
Respondent.

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Civil Action No. 3:16-CV-2863-L

ORDER
This habeas case was referred to Magistrate Judge David L. Horan, who entered the
Findings, Conclusions and Recommendation of the United States Magistrate Judge (“Report”) on
November 1, 2016, recommending that Petitioner’s habeas petition be construed as successive
and transferred to the United States Court of Appeals for the Fifth Circuit. See 28 U.S.C. '
2244(b)(3). No objections to the Report were received as of the date of this order.
When a petition is deemed successive, the district court lacks subject matter jurisdiction
unless a panel of the Fifth Circuit allows the successive petition to proceed. After reviewing the
pleadings, file, record in this case, and Report, the court determines that the findings and
conclusions of the magistrate judge are correct, and accepts them as those of the court.
Accordingly, the court directs the clerk of the court to transfer the habeas petition in this case to
the Fifth Circuit for determination.

Order – Page 1

It is so ordered this 22nd day of November, 2016.

_________________________________
Sam A. Lindsay
United States District Judge

Order – Page 2