McGee v. Director, TDCJ-CID

• Court: District Court, N.D. Texas
• Decided: January 8, 2024
• Docket: 3:23-cv-02661
• Status: Unknown

Opinion

United States District Court NORTHERN DISTRICT OF TEXAS DALLAS DIVISION RICKEY L. MCGEE, § TDCJ No. 2173658 § v. CIVIL ACTION NO. 3:23-CV-2661-S-BN 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. Objections were filed. The District Court reviewed de novo those portions of the proposed findings, conclusions, and recommendation to which objection was made, and reviewed the remaining proposed findings, conclusions, and recommendation for plain error. Finding no error, the Court ACCEPTS the Findings, Conclusions, and Recommendation of the United States Magistrate Judge. The Court 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 (“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 vy. Stephens, 599 F. App’x 175, 175 (5th Cir. 2015) (applying Fulton’s holding to transfer of a successive Section 2254 application). SO ORDERED. SIGNED January 8, 2024. Mth .Q fee go —— UNITED STATES DISTRICT JUDGE