De La Rosa v. Director, TDCJ-CID

• Court: District Court, N.D. Texas
• Decided: February 27, 2025
• Docket: 3:25-cv-00102
• Status: Unknown

Opinion

United States District Court NORTHERN DISTRICT OF TEXAS DALLAS DIVISION PAULO DE LA ROSA, #00804662 § v. CIVIL ACTION NO. 3:25-CV-0102-8-BW DIRECTOR, TDCJ-CID 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 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. 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 January 14, 2025 [ECF No. 1], will be TRANSFERRED to the United States Court of Appeals for the Fifth Circuit pursuant to Henderson v. Haro, 282 F.3d 862, 864 (Sth Cir. 2002), and in re Epps, 127 F.3d 364, 365 (Sth Cir, 1997), by separate judgment! SO ORDERED. SIGNED February 27, 2025. cuSpe— oS

| A certificate of appealability 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, 687 (Sth Cir.2015).