Garcia v. Davis-Director TDCJ-CID, No. 3:2018cv03195 - Document 2 (N.D. Tex. 2018)

Court Description: MEMORANDUM OPINION AND ORDER: Garcia's motion for relief under Rule 60(b) (doc. 142 in case 3:06-cv-2185-M) is a successive application for habeas relief and is TRANSFERRED to the United States Court of Appeals for the Fifth Circuit along with t he application to stay his execution (Stay Motion, doc. 144 in case 3:06-cv-2185-M). The Clerk of Court is DIRECTED to open for statistical purposes a new civil action and to close the same on the basis of this Order. The Court DENIES a certificate of appealability. [Originally filed as document 148 in case 3:06-cv-2185-M] (Ordered by Chief Judge Barbara M.G. Lynn on 12/3/2018) (axm)