Anthony v. TDCJ-CID, No. 3:2023cv02868 - Document 7 (N.D. Tex. 2024)

Court Description: Order: Order Accepting 6 Findings and Recommendations re: 5 Petition for Writ of Habeas Corpus, filed by James Deduan Anthony. 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.) (Ordered by Judge Sam A. Lindsay on 6/5/2024) (chmb)

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Anthony v. TDCJ-CID Doc. 7 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION JAMES DEDUAN ANTHONY, Petitioner, v. DIRECTOR, TDCJ-CID, Respondent. § § § § § § § § § Civil Action No. 3:23-CV-2868-L-BT ORDER On March 25, 2024, the Findings, Conclusions and Recommendation of the United States Magistrate Judge (“Report”) (Doc. 6) was entered, recommending that Petitioner’s amended habeas petition under 28 U.S.C. § 2254 (Doc. 5) be construed as a successive habeas corpus petition over which the court lacks jurisdiction and transferred to the United States Court of Appeals for the Fifth Circuit. The court has not received any objections to the Report from Petitioner, and the time for filing objections has expired. After considering the amended petition, pleadings, file, record in this case, and the Report issued by the magistrate judge, the court determines that the findings and conclusions of the magistrate judge are correct, and accepts them as those of the court. 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. For the reasons set forth in the Report, the court construes Petitioner’s amended habeas corpus petition (Doc. 5) as a successive habeas petition under 28 U.S.C. § 2254 over which the court lacks jurisdiction and directs the clerk of the court to transfer the action and the successive habeas petition to the Fifth Circuit to determine whether the claims asserted should be allowed to proceed. Order – Page 1 It is so ordered this 5th day of June, 2024. _________________________________ Sam A. Lindsay United States District Judge Order – Page 2

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