Blanton v. Director, TDCJ-CID

Filing 14

ORDER ACCEPTING 12 FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE re: 1 Petition for Writ of Habeas Corpus. The petition for habeas corpus is successive and will be TRANSFERRED to the United States Court of Appeals for the Fifth Circuit. (Ordered by Senior Judge A. Joe Fish on 6/23/2017) (ykp)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION

DONALD GENE BLANTON,
ID # 1307891,
Petitioner,
VS.
LORIE DAVIS, Director, Texas
Department of Criminal Justice,
Correctional Institutions Division,
Respondent.

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CIVIL ACTION NO.
3:17-CV-1453-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 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.*
SO ORDERED.

June 23, 2017.

___________________________________
A. JOE FISH
Senior United States District Judge

*

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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