Jenkins v. Davis-Director TDCJ-CID, No. 3:2016cv02117 - Document 7 (N.D. Tex. 2016)

Court Description: Order Accepting Findings and Recommendations: 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.) re: 5 Findings and Recommendations on Case re: 3 Petition for Writ of Habeas Corpus, filed by Kenny Dale Jenkins. (Ordered by Judge Sam A Lindsay on 10/5/2016) (mem)

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Jenkins v. Davis-Director TDCJ-CID Doc. 7 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION KENNY DALE JENKINS, Petitioner, v. LORIE DAVIS, Director, Texas Department of Criminal Justice, Correctional Institutions Div., Respondent. § § § § § § § § § § § Civil Action No. 3:16-CV-2117-L ORDER This habeas case was referred to Magistrate Judge Paul D. Stickney, who entered the Findings, Conclusions and Recommendation of the United States Magistrate Judge (“Report”) (Doc. 5) on July 29, 2016, recommending that Petitioner’s habeas petition be construed as successive and transferred to the United States Court of Appeals for the Fifth Circuit. See 28 U.S.C. ' 2244(b)(3). On August 12, 2016, the court received Petitioner’s objections to the Report. 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, and having conducting a de novo review of that portion of the Report to which objection was made, the court determines that the findings and conclusions of the magistrate judge are correct, accepts them as those of the court, and overrules Petitioner’s objections. Accordingly, the court directs the clerk of the court to transfer the habeas petition in this case 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 5th day of October, 2016. _________________________________ Sam A. Lindsay United States District Judge Order – Page 2

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