Douglas v. United States

• Court: District Court, N.D. Texas
• Decided: February 24, 2020
• Docket: 3:16-cv-02067
• Status: Unknown

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION LADESTRO DOUGLAS, ) ID # 48858-177, ) Movant, ) No. 3:16-CV-2067-M (BH) VS. ) No. 3:14-CR-412-M (1) ) UNITED STATES OF AMERICA, ) 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 for plain error, I am of the opinion that the Findings and Conclusions 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 motion to vacate 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.' SIGNED this 24th day of February, 2020. Ly W| A) [Bay BARAM.G.KYNN CJ AIEF 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 (Sth Cir.2015).