Garrett v. Davis-Director TDCJ-CID

Filing 9

ORDER ACCEPTING 8 FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: The petition for habeas corpus is successive and will be TRANSFERRED to the United States Court of Appeals for the Fifth Circuit (Ordered by Chief Judge Barbara M.G. Lynn on 1/23/2017) (sss)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
MICHAEL GARRETT,
ID # 697364,
Petitioner,
vs.
LORIE DAVIS, Director,
Texas Department of Criminal
Justice, Correctional Institutions Division,
Respondent.

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No. 3:16-CV-3504-M

ORDER ACCEPTING FINDINGS AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
After reviewing all relevant matters of record in this case, including the Findings,
Conclusions, and Recommendation of the United States Magistrate Judge for plain error, I am of
the opinion that the Findings and Conclusions of the Magistrate Judge are correct and they are
accepted as the Findings and Conclusions of the Court.
For the reasons stated in the Findings, Conclusions, and Recommendation of the United
States Magistrate Judge, the petition for habeas corpus is successive and will be
TRANSFERRED to the United States Court of Appeals for the Fifth Circuit pursuant to

Henderson v. Haro, 282 F.3d 862, 864 (5th Cir. 2002), and In re Epps, 127 F.3d 364, 365 (5th
Cir. 1997), by separate judgment.'
SIGNED this

2.$ day of January, 2017.

A ce11ificate of appealability (COA) is not required to appeal an order transferring a successive habeas petition.
See In re Garrett, 633 F. App'x 260, 261 (5th Cir. 2016); United Stales v. Fulton, 780 F.3d 683 (5th Cir.2015).