Hildebrant v. Thaler, Director TDCJ-CID

Filing 12

ORDER ADOPTING MAGISTRATE JUDGE'S FINDINGS AND CONCLUSIONS AND, TRANSFERRING CASE TO THE UNITED STATES COURTS OF APPEALS FOR THE FIFTH CIRCUIT adopting 8 Findings, Conclusions and Recommendation of the United States Magistrate Judge: 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.) See Order for specifics. (Ordered by Judge Terry R Means on 6/5/2013) (krg)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
FORT WORTH DIVISION
SHERMAN RICHARD HILDEBRANT,
Petitioner,
VS.

§
§
§
§
RICK THALER,
§
Director, T.D.C.J.
§
Correctional Institutions Div., §
Respondent.
§

CIVIL ACTION NO.4:13-CV-358-Y

ORDER ADOPTING MAGISTRATE JUDGE'S FINDINGS AND CONCLUSIONS AND,
TRANSFERRING CASE TO THE
UNITED STATE COURTS OF APPEALS FOR THE FIFTH CIRCUIT
In this action brought by petitioner Sherman Richard Hildebrant
challenging his state-court conviction under 28 U.S.C. § 2254, the
Court has made an independent review of the following matters in the
above-styled and numbered cause:
1.

The pleadings and record;

2.

The proposed findings, conclusions, and recommendation of
the United States magistrate judge filed on May 3, 2013;
and

3.

The petitioner's written objections to the proposed
findings, conclusions, and recommendation of the United
States magistrate judge filed on May 30, 2013.1

The Court, after de novo review, concludes that Petitioner’s
objections must be overruled, and that the petition for writ of
habeas corpus should be transferred to the United States Court of
Appeals

for

the

Fifth

Circuit,

for

the

reasons

stated

by

the

magistrate judge.
Therefore the findings, conclusions and recommendation of the

1

The document filed May 30, 2013, is entitled “Answer to United States
Magistrate Judge’s Findings, Conclusions and Recommendation.” The Court has
reviewed this document as written objections to the magistrate judge’s report.

magistrate judge are ADOPTED.
Sherman Richard Hildebrant’s petition for writ of habeas corpus
under § 2254 is TRANSFERRED to the United States Court of Appeals for
the Fifth Circuit.
June 5, 2013.
____________________________
TERRY R. MEANS
UNITED STATES DISTRICT JUDGE

2