Gonzalez v. USA, No. 3:2016cv01689 - Document 6 (N.D. Tex. 2016)

Court Description: Order Accepting Findings and Recommendations re: 5 Findings and Recommendations on Case re: 1 Motion to Vacate under 28 U.S.C. 2255. (Ordered by Senior Judge A. Joe Fish on 8/3/2016) (mem)

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Gonzalez v. USA Doc. 6 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION FREDERICO GONZALEZ, #31225-177, ) ) Petitioner, ) ) VS. ) ) UNITED STATES OF AMERICA, ) ) Respondent. ) CIVIL ACTION NO. 3:16-CV-1689-G (BK) CRIMINAL ACTION NO. 3:03-CR-329(13)-G ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE 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. Dockets.Justia.com It is therefore ORDERED that the successive section 2255 motion is TRANSFERRED to the United States Court of Appeals for the Fifth Circuit. See 28 U.S.C. § 2244(b)(3); 28 U.S.C. § 1631.* The clerk of the court is DIRECTED to transmit a copy of this order to the Federal Public Defender’s Office. SO ORDERED. August 3, 2016. ___________________________________ A. JOE FISH Senior United States District Judge * An order transferring a successive application to the court of appeals is not a final order requiring a certificate of appealability. See United States v. Fulton, 780 F.3d 683, 688 (5th Cir. 2015) -2-

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