Ojena v. Collier, No. 3:2022cv00304 - Document 7 (N.D. Tex. 2022)
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 Findings and Recommendations re: 6 Findings and Recommendations on Case re: 3 Petition for Writ of Habeas Corpus, filed by Jason Allan Ojena. (Ordered by Judge Ada Brown on 3/9/2022) (ndt)
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Ojena v. Collier Doc. 7 Case 3:22-cv-00304-E-BN Document 7 Filed 03/09/22 Page 1 of 2 PageID 37 IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION JASON ALLAN OJENA, TDCJ No. 1514167, Petitioner, V. DIRECTOR, TDCJ-CID, Respondent. § § § § § § § § § § No. 3:22-cv-304-E-BN (Consolidated with: No. 3:22-cv-305-E-BK; No. 3:22-cv-306-E-BK; No. 3:22-cv-307-E-BN) ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE The United States Magistrate Judge made findings, conclusions, and a recommendation in this case. No objections were filed. The District Court reviewed the proposed findings, conclusions, and recommendation for plain error. Finding none, the Court ACCEPTS the Findings, Conclusions, and Recommendation of the United States Magistrate Judge. The Court therefore TRANSFERS Petitioner’s unauthorized successive 28 U.S.C. 2254 habeas applications to the United States Court of Appeals for the Fifth Circuit for appropriate action. And, because the Court is transferring the applications to the Fifth Circuit, a certificate of appealability (COA) is not necessary. See United States v. Fulton, 780 F.3d 683, 688 (5th Cir. 2015) (“[A] transfer order under 28 U.S.C. § 1631 is not a final order within the meaning of § 2253(c)(1)(B), and the appeal of such an order does not require a COA.”); Guel-Rivas v. Stephens, 599 F. App’x 175, 175 (5th Cir. 2015) (per Dockets.Justia.com Case 3:22-cv-00304-E-BN Document 7 Filed 03/09/22 Page 2 of 2 PageID 38 curiam) (applying Fulton’s holding to transfer of a successive Section 2254 application). SO ORDERED this 9th day of March, 2022. ____________________________________ ADA BROWN UNITED STATES DISTRICT JUDGE 2
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