Palomo v. Collier

Filing 45

ORDER ACCEPTING 42 FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: The clerk of the court is DIRECTED to (1) terminate the post-judgment motion 38 in this habeas case; (2) open a new habeas case for administrative purposes onl y; (3) docket the post-judgment motion 38 as a § 2254 motion filed on 3/7/2019, in that new case; (4) directly assign the new case to the same district judge and magistrate judge as in this new case; (5) file a copy of the findings, conclus ions, and recommendation of the United States Magistrate Judge, and the order accepting the findings, conclusions, and recommendation in the new case; and (6) and without further judicial action, immediately TRANSFER the newly opened § 2254 action to the United States Court of Appeals for the Fifth Circuit. (Ordered by Senior Judge A. Joe Fish on 4/15/2019) [Case 3:19-cv-916 opened] (mla) Modified text on 4/15/2019 (mla).

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION

JULIO TORRES PALOMO,
ID # 1923341,
Petitioner,
VS.
BRYAN COLLIER, Executive Director,
Texas Department of Criminal
Justice,
Respondent.

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CIVIL ACTION NO.
3:17-CV-1078-G (BH)

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
and any objections thereto, in accordance with 28 U.S.C. § 636(b)(1), the court is 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 clerk of the court is DIRECTED to

(1) terminate the post-judgment motion (docket entry 38) in this habeas case; (2)
open a new habeas case for administrative purposes only; (3) docket the postjudgment motion (docket entry 38) as a § 2254 motion filed on March 7, 2019, in
that new case; (4) directly assign the new case to the same district judge and
magistrate judge as in this new case; (5) file a copy of the findings, conclusions, and
recommendation of the United States Magistrate Judge, and the order accepting the
findings, conclusions, and recommendation in the new case; and (6) and without
further judicial action, immediately TRANSFER the newly opened § 2254 action to
the United States Court of Appeals for the Fifth Circuit under Henderson v. Haro, 282
F.3d 862, 864 (5th Cir. 2002), and In re Epps, 127 F.3d 364, 365 (5th Cir. 1997).*
SO ORDERED.

April 15, 2019.

___________________________________
A. JOE FISH
Senior United States District Judge

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A certificate 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 States v. Fulton, 780 F.3d 683 (5th Cir. 2015).
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