Canady v. Davis-Director TDCJ-CID

• Court: District Court, N.D. Texas
• Decided: April 21, 2020
• Docket: 3:20-cv-00624
• Status: Unknown

Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION BOBBY CHARLES CANADY, #2062394, § Petitioner, § § v. § CIVIL NO. 3:20-CV-624-B-BK LORIE DAVIS, Director § TDCJ-CID, § Respondent.

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. IT Is THEREFORE ORDERED that the successive petition for writ of habeas corpus is TRANSFERRED to the United States Court of Appeals for the Fifth Circuit. See 28 U.S.C.§ 2244(b) (3); 28 U.S.C. § 1631. The Clerk of the Court is directed to close this case. SO ORDERED this 21" day of April, 2020.

JANE J. BOY UMITED ST S DISTRICT JUDGE

' An order transferring a successive application to the court of appeals is not a final order requiring a certificate of appealability. See United States v. Fulton, 780 F.3d 683, 688 (5th Cir. 2015); Brewer v. Stephens, 605 Fed. Appx. 417 (5th Cir. 2015) (per curiam).