Barker v. Davis-Director TDCJ-CID

Filing 5

Order: 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.) Order Adopting 4 Findings and Recommendations on Case re: 2 Motion for Leave to File. (Ordered by Senior Judge Sam R Cummings on 7/18/2018) (epm)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
ARTHUR JOY AL BARKER,
Petitioner,
V.

LORIE DA VIS, Director, TDCJ,
Respondent.

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Civil Action No. 3: 17-CV-2422-C-BN

ORDER
Before the Court are the Findings, Conclusions, and Recommendation of the United
States Magistrate Judge advising that Petitioner's petition for writ of habeas corpus under
28 U.S.C. § 2254 be deemed an unauthorized successive petition and transferred to the United
States Court of Appeals for the Fifth Circuit. Petitioner failed to file any objections and the time
to do so has expired.
The Court has reviewed the Findings, Conclusions, and Recommendation for clear error
and finds none. It is therefore ORDERED that the Findings, Conclusions, and Recommendation
are hereby ADOPTED as the findings and conclusions of the Court. For the reasons stated
therein, the above-styled and -numbered petition under 28 U.S.C. § 2254 is TRANSFERRED to
the United States Court of Appeals for the Fifth Circuit for appropriate action. Petitioner is

admonished that any future motion concerning his state conviction filed without first
obtaining leave from the Fifth Circuit may result in
SO ORDERED this

f8fiday of July, 201

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