McCurry v. Director, TDCJ-CID

Opinion

United States District Court NORTHERN DISTRICT OF TEXAS DALLAS DIVISION SYLVESTER MCCURRY § TDCJ No. 1080957 § V. CIVIL ACTION NO. 3:22-CV-2038-S-BN DIRECTOR, TDCJ-CID ORDER □ The United States Magistrate Judge made findings, conclusions, and a recommendation in this case. See ECF No. 6. No objections were filed. The Court has reviewed the 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 unauthorized successive 28 U.S.C. § 2254 habeas application to the United States Court of Appeals for the Fifth Circuit for appropriate action. And, 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 October 13, 2022. J, Lebo UNITED STATES DISTRICT JUDGE