Acuna v. Director TDCJ - CID

Filing 10

ORDER ACCEPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE AND TRANSFERRING CASE: It is therefore ORDERED that the petition for writ of habeas corpus, brought pursuant to 28 U.S.C. § 2254, is hereby 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). (Ordered by Judge Reed C. O'Connor on 10/12/2017) (skg)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
WICHITA FALLS DIVISION
RAY ACUNA,
TDCJ No. 01517230,
Petitioner,
v.
LORIE DAVIS, Director,
Texas Department of Criminal Justice,
Correctional Institutions Division,
Respondent.

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Civil Action No. 7:17-CV-135-O

ORDER ACCEPTING REPORT AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
AND TRANSFERRING CASE
After making an independent review of the pleadings, files, and records in this case, of the
Findings, Conclusions, and Recommendation of the United States Magistrate Judge, and of
Petitioner’s objections thereto, I am of the opinion that the findings of fact, conclusions of law, and
reasons for transfer of this case as set forth in the Magistrate Judge’s Recommendation are correct
and they are hereby adopted and incorporated by reference as the Findings of the Court.
As stated by the Magistrate Judge, when a petition is second or successive, the petitioner
must seek an order from the Fifth Circuit Court of Appeals that authorizes this Court to consider the
petition. See 28 U.S.C. § 2244(b)(3)(A). Because the instant petition is successive, the district court
is without authority to entertain the petition unless leave to file is granted by the Court of Appeals.
It is therefore ORDERED that the petition for writ of habeas corpus, brought pursuant to 28
U.S.C. § 2254, is hereby 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).
SO ORDERED this 12th day of October, 2017.

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Reed O’Connor
UNITED STATES DISTRICT JUDGE

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