Newton v. Davis-Director TDCJ-CID

• Court: District Court, N.D. Texas
• Decided: April 16, 2020
• Docket: 3:19-cv-01366
• Status: Unknown

Opinion

United States District Court NORTHERN DISTRICT OF TEXAS DALLAS DIVISION

RONALD EVERETT NEWTON, § ID #1299706 § § V. § CIVIL ACTION NO. 3:19-CV-1366-S-BH § LORIE DAVIS, Director, Texas § Department of Criminal Justice, § Correctional Institutions Division § ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE AND OVERRULING PETITIONER’S OBJECTIONS TO ORDERS DATED MARCH 27, 2020 This Order addresses the Findings, Conclusions, and Recommendation of the United States Magistrate Judge (the “Magistrate Judge”) [ECF No. 38], Petitioner Ronald Everett Newton’s (“Petitioner”) Objections to the Findings, Conclusions, and Recommendation [ECF No, 42], and Petitioner’s Objections to the Orders of the Magistrate Judge dated March 27, 2020 [ECF Nos. 43, 44], The Court reviewed de novo those portions of the findings, conclusions, and recommendation to which objection was made, and reviewed the remaining proposed findings, conclusions, and recommendation for plain error, As to the Orders dated March 27, 2020, see ECF Nos. 37, 39, 40, the Court reviewed the Magistrate Judge’s legal conclusions de novo and factual findings for clear error. Finding no error, the Court ACCEPTS the Findings, Conclusions, and Recommendation, and OVERRULES Petitioner’s Objections to the Orders dated March 27, 2020. For the reasons stated in the Findings, Conclusions, and Recommendation of the United States Magistrate Judge, Petitioner’s successive habeas corpus petition and his motion for exoneration will be TRANSFERRED to the United States Court of Appeals for the Fifth Circuit

under Henderson v. Haro, 282 F.3d 862, 864 (Sth Cir. 2002), and Jn re Epps, 127 F.3d 364, 365 (Sth Cir. 1997), by separate judgment. If Petitioner files a notice of appeal, he must pay the $505.00 appellate filing fee or submit

a motion to proceed in forma pauperis and a properly signed certificate of inmate trust account. SO ORDERED. SIGNED April 16, 2020.

UNITED STATES DISTRICT JUDGE

'A certificate of appealability (COA) is not required to appeal an order transferring a successive habeas petition. See Inre Garrett, 633 F. App’x 260, 261 (Sth Cir. 2016); United States v, Fulton, 780 F.3d 683 (Sth Cir.2015).