Maines v. USA, No. 3:2013cv04631 - Document 81 (N.D. Tex. 2020)
Court Description: JUDGMENT: 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: 76 Findings and Recommendations on Motion re: 74 Motion to Alter Judgment filed by Samuel William Maines. (Ordered by Judge Jane J. Boyle on 10/23/2020) (svc)
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Maines v. USA Doc. 81 Case 3:13-cv-04631-B-BH Document 81 Filed 10/23/20 Page 1 of 1 PageID 838 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION SAMUEL WILLIAM MAINES, ID # 44442-177, Movant, vs. UNITED STATES OF AMERICA, Respondent. ) ) ) ) ) ) ) No. 3:13-CV-4631-B-BH No. 3:12-CR-151-B-1 JUDGMENT This action came on for consideration by the Court, and the issues having been duly considered and a decision duly rendered, It is ORDERED, ADJUDGED and DECREED that: 1. The Motion for Relief from Judgment Under Rule 60(b), received on September 9, 2020 (doc. 74), construed as successive Motion to Vacate, Set Aside, or Correct Sentence under 28 U.S.C. ยง 2255, is TRANSFERRED to the United States Court of Appeals for the Fifth Circuit under Henderson v. Haro, 282 F.3d 862, 864 (5th Cir. 2002) and In re Epps, 127 F.3d 364, 365 (5th Cir. 1997). 2. The Clerk shall transmit a true copy of this Judgment and the Order Accepting the Findings and Recommendation of the United States Magistrate Judge to all parties. SIGNED this 23rd day of October , 2020. _________________________________ JANE J. BOYLE UNITED STATES DISTRICT JUDGE Dockets.Justia.com
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