Bearden v. Director, TDCJ-CID

• Court: District Court, N.D. Texas
• Decided: October 26, 2020
• Docket: 3:20-cv-03018
• Status: Unknown

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION

PAUL EDWARD BEARDEN, ) ) Petitioner, ) ) v. ) ) DIRECTOR, TDCJ-CID, ) ) Respondent. ) Civil Action No. 3:20-CV-3018-C-BH

ORDER Before the Court are the Findings, Conclusions, and Recommendation of the United States Magistrate Judge therein advising the Court that Petitioner’s Petition for a Writ of Habeas Corpus should be transferred to the United States Court of Appeals for the Fifth Circuit as successive. |

The Court conducts a de novo review of those portions of the Magistrate Judge’s report or specified proposed findings or recommendations to which a timely objection is made. 28 U.S.C. § 636(b)(1)(C). Portions of the report or proposed findings or recommendations that are not the subject of a timely objection will be accepted by the Court unless they are clearly erroneous or contrary to law. See United States v. Wilson, 864 F.2d 1219, 1221 (Sth Cir. 1989). After due consideration and having conducted a de novo review, the Court finds that Petitioner’s objections should be OVERRULED. The Court has further conducted an independent review of the Magistrate Judge’s findings and conclusions and finds no error. It is

' Petitioner filed objections to the Magistrate Judge’s Findings, Conclusions, and Recommendation on October 19, 2020.

therefore ORDERED that the Findings, Conclusions, and Recommendation are hereby ADOPTED as the findings and conclusions of the Court. For the reasons stated therein, Petitioner’s successive Petition under 28 U.S.C. § 2254 shall be TRANSFERRED to the United States Court of Appeals for the Fifth Circuit pursuant to Henderson v. Haro, 282 F.3d 862, 864 (5th Cir. 2002), and Jn re Epps, 127 F.3d 364, 365 (Sth Cir. 1997), by separate judgment.’ jh SO ORDERED this 44 day of October, 2020.

fe ~ IVNY [ Prof |} SAM R. Cif WMINGS / SENIOR UNITED STATES IDISTRICT JUDGE

> A certificate of appealability (COA) is not required to appeal an order transferring a successive habeas petition. See In re Garrett, 633 F. App’x 260, 261 (5th Cir. 2016); United States v. Fulton, 780 F.3d 683 (5th Cir. 2015).