Bryant v. Villalobos

N.D. Texas

Bryant v. Villalobos

DecidedAugust 1, 2023

Docket3:23-cv-01509

StatusUnknown

This text of Bryant v. Villalobos (Bryant v. Villalobos) is published on Counsel Stack Legal Research, covering District Court, N.D. Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Bryant v. Villalobos, (N.D. Tex. 2023).

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION ROBERT BRYANT, JR, ID #1419907, ) Petitioner, ) ) vs. ) No. 3:23-CV-1509-X-BH ) FNU VILLALOBOS, Warden, ) Respondent. ) ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE After reviewing all relevant matters of record in this case, including the Findings, Conclu- sions, and Recommendation of the United States Magistrate Judge and any objections thereto, in accordance with 28 U.S.C. § 636(b)(1), the Court is of the opinion that the Findings and Conclu- sions of the Magistrate Judge are correct and they are accepted as the Findings and Conclusions of the Court. For the reasons stated in the Findings, Conclusions, and Recommendation of the United States Magistrate Judge, the Petition Under 28 U.S.C. § 2254 for Writ of Habeas Corpus by a Person in State Custody, received on July 6, 2023 (doc. 3), will 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 In re Epps, 127 F.3d 364, 365 (Sth Cir. 1997), by separate judgment.' SIGNED this Ist day of August, 2023.

STARR UNITED STATES DISTRICT 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 (Sth Cir. 2016); United States v. Fulton, 780 F.3d 683 (5th Cir.2015).

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION ROBERT BRYANT, JR, ID #1419907, ) Petitioner, ) ) vs. ) No. 3:23-CV-1509-X-BH ) FNU VILLALOBOS, Warden, ) Respondent. ) ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE After reviewing all relevant matters of record in this case, including the Findings, Conclu- sions, and Recommendation of the United States Magistrate Judge and any objections thereto, in accordance with 28 U.S.C. § 636(b)(1), the Court is of the opinion that the Findings and Conclu- sions of the Magistrate Judge are correct and they are accepted as the Findings and Conclusions of the Court. For the reasons stated in the Findings, Conclusions, and Recommendation of the United States Magistrate Judge, the Petition Under 28 U.S.C. § 2254 for Writ of Habeas Corpus by a Person in State Custody, received on July 6, 2023 (doc. 3), will 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 In re Epps, 127 F.3d 364, 365 (Sth Cir. 1997), by separate judgment.' SIGNED this Ist day of August, 2023.

STARR UNITED STATES DISTRICT 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 (Sth Cir. 2016); United States v. Fulton, 780 F.3d 683 (5th Cir.2015).

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