Joe v. Davis-Director TDCJ-CID

Filing 10

ORDER ACCEPTING 8 FINDINGS, CONCLUSIONS 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 Senior Judge A. Joe Fish on 4/17/2017) (epm)

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION DEMARCUS KENARD JOE, #1047716, ) ) Petitioner, ) ) VS. ) ) LORIE DAVIS, Director, Texas ) Department of Criminal Justice, ) Correctional Institutions Division, ) ) Respondent. ) CIVIL ACTION NO. 3:17-CV-0690-G (BK) 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 Judge. 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.* SO ORDERED. April 17, 2017. ___________________________________ 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); Brewer v. Stephens, 605 Fed. Appx. 417 (5th Cir. 2015) (per curiam). -2-

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