Padilla v. Davis

Filing 10

ORDER ACCEPTING 9 FINDINGS 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. (Fifth Circuit notified via copy of the Notice of Electronic Filing.) (Ordered by Judge David C Godbey on 12/15/2017) (sss)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
ISMAEL HERNANDEZ PADILLA,
ID # 356764,
Petitioner,
vs.
LORIE DAVIS, Director,
Texas Department of Criminal
Justice, Correctional Institutions Division,
Respondent.

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No. 3:17-CV-3076-N

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.1
SIGNED this 15th day of December, 2017.

UNITED STATES DISTRICT JUDGE

1

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).