Beaty v. USA, No. 3:2016cv02075 - Document 4 (N.D. Tex. 2016)
Court Description: 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 Findings and Recommendations re: 3 Findings and Recommendations on Motion re: 2 Motion to Vacate under 28 U.S.C. 2255,, filed by Patsy Ruth Beaty. (Ordered by Senior Judge A. Joe Fish on 8/19/2016) (ndt)
Download PDF
<![CDATA[
Beaty v. USA Doc. 4 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION PATSY RUTH BEATY (BOP Register No. 33507-077), Petitioner, VS. UNITED STATES OF AMERICA, Respondent. ) ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 3:16-CV-2075-G (BN) CRIMINAL ACTION NO. 3:99-CR-398(02)-G ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE AND TRANSFERRING SUCCESSIVE SECTION 2255 MOTION 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, ADJUDGED and DECREED that petitioner’s 28 U.S.C. § 2255 motion to vacate, set aside, or correct sentence, being successive, is Dockets.Justia.com TRANSFERRED to the United States Court of Appeals for the Fifth Circuit for appropriate action. Because the court is transferring this successive habeas application to the United States Court of Appeals for the Fifth Circuit for appropriate action, the court need not address whether petitioner is entitled to a certificate of appealability (“COA”). See United States v. Fulton, 780 F.3d 683, 688 (5th Cir. 2015) (“[A] transfer order under 28 U.S.C. § 1631 is not a final order within the meaning of [28 U.S.C.] § 2253(c)(1)(B), and the appeal of such an order does not require a COA.”). But in the event petitioner will file a notice of appeal, the court notes that petitioner must pay the filing fee or file a motion for leave proceed in forma pauperis on appeal. SO ORDERED. August 19, 2016. ___________________________________ A. JOE FISH Senior United States District Judge -2-
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
