Wilkerson v. Davis-Director TDCJ-CID

Filing 5

ORDER ACCEPTING 4 FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: The motion for relief from final judgment under Rule 60(b) is CONSTRUED as a successive petition for writ of habeas corpus under 28 U.S.C. § 2254. The Clerk o f the Court is DIRECTED to (1) terminate the post-judgment motion in this habeas case; (2) open a new habeas case for administrative purposes only; (3) file the post-judgment motion as a § 2254 petition filed August 8, 2017 in that new case; (4) directly assign the new case to the same District Judge and Magistrate Judge as in this case; (5) file a copy of the Findings, Conclusions, and Recommendation of the United States Magistrate Judge and the order accepting those Findings, Conclusions, and Recommendation, and the judgment in that 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. [Originally filed in 3:13-cv-1694] (Ordered by Chief Judge Barbara M.G. Lynn on 9/1/2017) (sss)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION SENRICK SHERN WILKERSON, ID # 10093432, Petitioner, vs. RICK THALER, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent. ) ) ) ) ) ) ) ) No. 3:13-CV-1694-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, 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 motion for relief from final judgment under Rule 60(b) is CONSTRUED as a successive petition for writ of habeas corpus under 28 U.S.C. § 2254. The Clerk of the Court is DIRECTED to (1) terminate the post-judgment motion in this habeas case; (2) open a new habeas case for administrative purposes only; (3) file the post-judgment motion as a § 2254 petition filed August 8, 2017 in that new case; (4) directly assign the new case to the same District Judge and Magistrate Judge as in this case; (5) file a copy of the Findings, Conclusions, and Recommendation of the United States Magistrate Judge and the order accepting those Findings, Conclusions, and Recommendation , and the judgment in that 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. SIGNED this 1st day of September, 2017. _________________________________ BARBARA M. G. LYNN CHIEF JUDGE 2

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