Gutierrez v. Director, TDCJ-CID

• Court: District Court, N.D. Texas
• Decided: April 14, 2022
• Docket: 3:22-cv-00470
• Status: Unknown

Opinion

United States District Court NORTHERN DISTRICT OF TEXAS DALLAS DIVISION JULIAN P. GUTIERREZ IT, § TDCJ No. 2063107 § v. CIVIL ACTION NO. 3:22-CV-470-S-BH 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 [ECF No. 4]. 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. The Court therefore TRANSFERS Petitioner’s successive 28 U.S.C. § 2254 habeas □

application to the United States Court of Appeals for the Fifth Circuit for appropriate action, 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). Because the Court is transferring the application to the Fifth Circuit, a certificate of appealability (a COA) is not necessary. See United States v. Fulton, 780 F.3d 683, 688 (Sth Cir. 2015) (“[A] transfer order under 28 U.S.C. § 1631 is not a final order within the meaning of § 2253(c)(1)(B), and the appeal of such an order does not require a COA.”); Guel-Rivas v. Stephens, 599 F. App’x 175, 175 (Sth Cir. 2015) (per curiam) (applying Fulton’s holding to transfer of a successive Section 2254 application). SO ORDERED. SIGNED April 14, 2022. he bebe —