Hampton v. Davis-Director TDCJ-CID, No. 3:2017cv02078 - Document 13 (N.D. Tex. 2017)

Court Description: Order Accepting Findings and Recommendations re: 12 Findings and Recommendations on Case re: 3 Petition for Writ of Habeas Corpus, filed by Wayne Hampton. The petition for habeas corpus is successive and will be TRANSFERRED to the United States Court of Appeals for the Fifth Circuit. (Ordered by Judge David C Godbey on 11/17/2017) (epm)
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Hampton v. Davis-Director TDCJ-CID Doc. 13 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION WAYNE HAMPTON, ID # 661126, Petitioner, vs. LORIE DAVIS, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent. ) ) ) ) ) ) ) ) No. 3:17-CV-2078-N 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 petition for habeas corpus 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.1 SIGNED this 17th day of November, 2017. UNITED STATES DISTRICT JUDGE 1 A certificate of appealability (COA) is not required to appeal an order transferring a successive habeas petition. See In re Garrett, 633 F. App’x 260, 261 (5th Cir. 2016); United States v. Fulton, 780 F.3d 683 (5th Cir.2015). Dockets.Justia.com