Brantley v. Tarrant County Justice Center, No. 3:2018cv00810 - Document 16 (N.D. Tex. 2018)

Court Description: Order: 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.) Order Adopting 14 Findings and Recommendations re: 1 Petition for Writ of Habeas Corpus, filed by Ross Thomas Brantley, III. (Ordered by Judge Sam A Lindsay on 7/30/2018) (ndt)

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Brantley v. Tarrant County Justice Center Doc. 16 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION ROSS THOMAS BRANTLEY III, TDCJ No. 1851307; Tarrant Cty. CID #0653759, Petitioner, v. TARRANT COUNTY JUSTICE CENTER, Respondent. § § § § § § § § § § § Civil Action No. 3:18-CV-810-L ORDER On April 4, 2018, United States Magistrate Judge David L. Horan entered the Findings, Conclusions and Recommendation of the United States Magistrate Judge (“Report”), 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 April 23, 2018, Petitioner filed an objection to the Report (Doc. 14). Petitioner’s objection, however, is insufficient to overcome the magistrate judge’s recommendation because the court does not have jurisdiction to hear unauthorized successive petitions and he has not alleged otherwise. 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, the court determines that the findings and conclusions of the magistrate judge are correct, and accepts them as those of the court. Accordingly, the court directs the clerk of the court to transfer the habeas petition in this case to the Fifth Circuit for determination. Order –Page 1 Dockets.Justia.com It is so ordered this 30th day of July, 2018. _________________________________ Sam A. Lindsay United States District Judge Order –Page 2

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