Higgs v. Wilson, No. 3:2018cv02537 - Document 11 (N.D. Tex. 2018)
Court Description: Order Accepting 9 Findings and Recommendations on Case. The petition for habeas corpus filed under 28 U.S.C. § 2241 is DENIED with prejudice. (Ordered by Chief Judge Barbara M.G. Lynn on 11/26/2018) (epm)
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Higgs v. Wilson Doc. 11 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION LAMONT DEJUAN HIGGS, Petitioner, vs. WARDEN WILSON, Respondent. ) ) ) ) ) ) No. 3:18-CV-2537-M ORDER ACCEPTING AMENDED FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE After reviewing the objections to the Amended Findings, Conclusions, and Recommendation of the United States Magistrate Judge and conducting a de novo review of those parts of the Findings and Conclusions to which objections have been made, I am 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 Amended Findings, Conclusions, and Recommendation of the United States Magistrate Judge, the petition for habeas corpus filed under 28 U.S.C. § 2241 is DENIED with prejudice. A certificate of appealability (COA) is not required to appeal in a case under 28 U.S.C. § 2241. See Montano v. Texas, 867 F.3d 540, 547 n.8 (5th Cir. 2017). If the petitioner files a notice of appeal, he must pay the $505.00 appellate filing fee or submit a motion to proceed in forma pauperis and a properly signed certificate of inmate trust account. SIGNED this 26th day of November, 2018. _________________________________ BARBARA M. G. LYNN CHIEF JUDGE Dockets.Justia.com
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