Stone v. Thaler, Director TDCJ-CID, No. 4:2012cv00308 - Document 14 (N.D. Tex. 2012)

Court Description: ORDER ADOPTING MAGISTRATE JUDGE'S FINDINGS AND CONCLUSIONS: 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: 12 Findings and Recommendations on Case. See Order for further specifics. (Ordered by Judge Terry R Means on 10/4/2012) (krg)

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Stone v. Thaler, Director TDCJ-CID Doc. 14 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS FORT WORTH DIVISION FREDERICK STONE, VS. RICK THALER, Director, T.D.C.J. Correctional Institutions Div. § § § § § § § CIVIL ACTION NO.4:12-CV-308-Y ORDER ADOPTING MAGISTRATE JUDGE'S FINDINGS AND CONCLUSIONS Before the Court is the petition for writ of habeas corpus under 28 U.S.C. § 2254 of petitioner Frederick Stone, along with the September 5, 2012 findings, conclusions, and recommendation of the United States magistrate judge. The magistrate judge gave the parties until September 25, 2012, to file written objections to the findings, conclusions, and recommendation. As of the date of this order, no written objections have been filed. The Court has reviewed the pleadings and the record in this case, and has reviewed for clear error the findings, conclusions and recommendation. The Court concludes that, for the reasons stated by the magistrate judge, the petition for writ of habeas corpus should be transferred to the United States Court of Appeals for the Fifth Circuit. Therefore the findings, conclusions and recommendation of the magistrate judge are ADOPTED. Frederick Stone’s petition for writ of habeas corpus is TRANSFERRED to the United States Court of Appeals for the Fifth Circuit. SIGNED October 4, 2012. ____________________________ TERRY R. MEANS UNITED STATES DISTRICT JUDGE Dockets.Justia.com

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