Whaley v. Court of Criminal Appeals of Texas et al, No. 3:2018cv00144 - Document 20 (N.D. Tex. 2018)

Court Description: Order Accepting 18 Findings and Recommendations on Case re: 3 Petition for Writ of Habeas Corpus. The above-styled and -numbered civil action is REOPENED and is hereby TRANSFERRED to the United States Court of Appeals for the Fifth Circuit as successive. (Ordered by Senior Judge Sam R Cummings on 11/20/2018) (epm)

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Whaley v. Court of Criminal Appeals of Texas et al Doc. 20 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION MICHAEL DEWAYNE WHALEY, Petitioner, V. COURT OF CRIMINAL APPEALS , et al, Respondents. ) ) ) ) ) ) ) ) ) Civil Action No. 3:18-CV-144-C (BH) ORDER Before the Court are the Findings, Conclusions, and Recommendation of the United States Magistrate Judge advising that Petitioner' s case should be reopened and the petition should be transferred to the United States Court of Appeals for the Fifth Circuit as successive. Plaintiff has failed to file any objections and the time to do so has now expired. The Court has reviewed the Findings, Conclusions, and Recommendation for clear error and finds none. It is therefore ORDERED that the Findings, Conclusions, and Recommendation are hereby ADOPTED as the findings and conclusions of the Court. For the reasons stated therein, the above-styled and -numbered civil action is REOPENED and is hereby TRANSFERRED to the United SO ORDERED this J0 Court of Appeals for the Fifth Circuit as successive .. . . day . of November, 2 8. Dockets.Justia.com

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