Hernandez v. USA, No. 3:2016cv01808 - Document 5 (N.D. Tex. 2016)
Court Description: Order Accepting 3 Findings and Recommendations. re: 1 Motion to Vacate under 28 U.S.C. 2255 filed by Johnny M Hernandez, Jr. (Ordered by Judge David C Godbey on 8/15/2016) (ndt)
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Hernandez v. USA Doc. 5 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION JOHNNY M. HERNANDEZ, JR., ID # 33579-177, Movant, vs. ) ) ) ) UNITED STATES OF AMERICA, Respondent. ) ) ) No. 3:16-CV-1808-N No. 3:05-CR-0075-N (16) ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE After reviewing all relevant matters of record in this case, including the Findings, Conclusions, and Recommendation of the United States Magistrate Judge and any objections thereto, in accordance with 28 U.S.C. § 636(b)(1), the Court is of the opinion that the Findings and Conclusions of the Magistrate Judge are correct and they are accepted as the Findings and Conclusions of the Court. For the reasons stated in the Findings, Conclusions, and Recommendation of the United States Magistrate Judge, the motion to vacate, set aside or correct sentence filed under 28 U.S.C. § 2255 is successive and will be TRANSFERRED to the United States Court of Appeals for the Fifth Circuit pursuant to Henderson v. Haro, 282 F.3d 862, 864 (5th Cir. 2002), and In re Epps, 127 F.3d 364, 365 (5th Cir. 1997) by separate judgment. SIGNED this 15th day of August, 2016. UNITED STATES DISTRICT JUDGE Dockets.Justia.com
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