Kerns v. Stephens, Director TDCJ-CID, No. 3:2013cv05014 - Document 23 (N.D. Tex. 2015)

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: 17 Findings and Recommendations on Case re: 3 Petition for Writ of Habeas Corpus, filed by David Joe Kerns. (Ordered by Judge Jane J Boyle on 1/15/2015) (tla)

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Kerns v. Stephens, Director TDCJ-CID Doc. 23 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION DAVID JOE KERNS, 243903, Petitioner, VS. WILLIAM STEPHENS, Director TDCJ, Respondent. § § § § § § § § NO. 3:13-CV-5014-B JUDGMENT The Court has entered its Order Accepting the Findings, Conclusions and Recommendation of the United States Magistrate Judge in this case. It is therefore ORDERED, ADJUDGED AND DECREED that the Petitioner’s writ of habeas corpus under 28 U.S.C. § 2254 is transferred to the Fifth Circuit Court of Appeals pursuant to In re Epps, 127 F.3d 364, 365 (5th Cir. 1997). It is further ORDERED that the Clerk shall transmit a true copy of this Judgment, together with a true copy of the Order accepting the Findings, Conclusions, and Recommendation of the United States Magistrate Judge, to the parties. SIGNED this 15th day of January, 2015. _________________________________ JANE J. BOYLE UNITED STATES DISTRICT JUDGE Dockets.Justia.com

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