In Re: Dickson
This text of 225 F. App'x 310 (In Re: Dickson) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
It is ORDERED that the instant manner-of-execution challenge be TRANSFERRED back to the Northern District of Texas to be decided pursuant to 42 U.S.C. § 1983. See Hill v. McDonough, — U.S. —, 126 S.Ct. 2096, 165 L.Ed.2d 44 (2006). It is further ORDERED that the Clerk shall immediately transmit a true copy of this order to the Northern District of Texas and notify all parties of this action.
In doing so, we note our concern about this suit being filed so late and question whether entertaining the suit is consistent with our cases. See Neville v. Johnson, 440 F.3d 221, 222 (5th Cir.2006); Reese v. Livingston, 453 F.3d 289, 291 (5th Cir. 2006); White v. Johnson, 429 F.3d 572, 574 (5th Cir.2005); Harris v. Johnson, 376 F.3d 414 (5th Cir.2004).
Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
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225 F. App'x 310, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-dickson-ca5-2007.