Miller v Davis

Filing 9

Order Accepting 8 Findings and Recommendation of the United States Magistrate Judge. The successive habeas petition is TRANSFERRED to the United States Court of Appeals for the Fifth Circuit. (Ordered by Senior Judge A. Joe Fish on 3/29/2018) (axm)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION

JERRY LEE MILLER, SR., #1749796,
Petitioner,
VS.
LORIE DAVIS, Director, Texas
Department of Criminal Justice,
Correctional Institutions Div.,
Respondent.

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CIVIL NO. 3:18-CV-0321-G (BK)

ORDER ACCEPTING FINDINGS, CONCLUSIONS AND
RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE

The United States Magistrate Judge made findings, conclusions and a
recommendation in this case. No objections were filed. The district court reviewed
the proposed findings, conclusions and recommendation for plain error. Finding
none, the court ACCEPTS the findings, conclusions and recommendation of the
United States Magistrate Judge.
It is therefore ORDERED that the successive habeas petition is
TRANSFERRED to the United States Court of Appeals for the Fifth Circuit.

See 28 U.S.C. § 2244(b)(3); 28 U.S.C. § 1631*
SO ORDERED.
March 29, 2018.

___________________________________
A. JOE FISH
Senior United States District Judge

*

An order transferring a successive application to the court of appeals is
not a final order requiring a certificate of appealability. See United States v. Fulton,
780 F.3d 683, 688 (5th Cir. 2015); Brewer v. Stephens, 605 F. App’x 417, 417 (5th Cir.
2015) (per curiam).
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