Saenz v. USA, No. 3:2016cv01785 - Document 5 (N.D. Tex. 2016)
Court Description: Order Accepting Findings and Recommendations re: 4 Findings and Recommendations on Case re: 2 Motion to Vacate under 28 U.S.C. 2255, filed by Aldo Saenz. (Ordered by Judge David C Godbey on 8/15/2016) (mem)
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Saenz v. USA Doc. 5 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION ALDO SAENZ, #37053-177, Petitioner, v. UNITED STATES OF AMERICA, Respondent. ' ' ' ' ' ' ' 3:16-CV-1785-N-BK (3:06-CR-192-N-28) 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. 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. § 1631.1 SO ORDERED this 15th day of August, 2016. _________________________________ UNITED STATES DISTRICT JUDGE 1 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). Dockets.Justia.com
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