Black v. Davis, Director TDCJ-CID, No. 3:2014cv00341 - Document 80 (N.D. Tex. 2016)

Court Description: Order Adopting 79 Findings and Recommendations 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.) (Ordered by Judge Sam A Lindsay on 10/31/2016) (epm)

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Black v. Davis, Director TDCJ-CID Doc. 80 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION VICTOR JEWELL BLACK, #1686499, Petitioner, v. LORIE DAVIS, Director, Texas Department of Criminal Justice, Correctional Institutions Div., Respondent. § § § § § § § § § § § § Civil Action No. 3:14-CV-341-L ORDER This habeas case was referred to Magistrate Judge Irma Carrillo Ramirez, who entered Findings, Conclusions and Recommendation of the United States Magistrate Judge (“Report”) on October 6, 2016, recommending that Petitioner’s Interjection of New Discovered Evidence (Doc. 78), filed September 30, 2016, be construed as a successive habeas petition and transferred to the United States Court of Appeals for the Fifth Circuit. See 28 U.S.C. ' 2244(b)(3). No objections to the Report were received as of the date of this order. When a petition is deemed successive, the district court lacks subject matter jurisdiction unless a panel of the Fifth Circuit allows the successive petition to proceed. After reviewing the pleadings, file, record in this case, and Report, the court determines that the findings and conclusions of the magistrate judge are correct, and accepts them as those of the court. Accordingly, the court construes Petitioner’s Interjection of New Discovered Evidence as a successive habeas petition, directs the clerk of the court to transfer the habeas petition (Doc. 78) to the Fifth Circuit for determination, and dismisses without prejudice this action for lack of subject matter jurisdiction. Order – Page 1 Dockets.Justia.com It is so ordered this 31st day of October, 2016. _________________________________ Sam A. Lindsay United States District Judge Order – Page 2

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