Jackson v. Davis

Filing 9

ORDER ACCEPTING 7 FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: The successive petition for writ of habeas corpus is TRANSFERRED to the United States Court of Appeals for the Fifth Circuit. (Ordered by Judge Jane J. Boyle on 4/24/2017) (sss)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
ANDREW LEE JACKSON, #621203,
Petitioner,
v.
LORIE DAVIS, Director
TDCJ-CID,
Respondent.

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3:17-CV-0933-B-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. Petitioner filed objections, and the District Court has made a de novo review of those
portions of the proposed Findings, Conclusions and Recommendation to which objection was
made. The objections are overruled, and the Court ACCEPTS the Findings, Conclusions and
Recommendation of the United States Magistrate Judge.
IT IS THEREFORE ORDERED that the successive petition for writ of habeas corpus 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 24th day of April, 2017.

_________________________________
JANE J. BOYLE
UNITED STATES DISTRICT JUDGE

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);
Brewer v. Stephens, 605 Fed. Appx. 417 (5th Cir. 2015) (per curiam).