Nowland v. Director, TDCJ-CID

Opinion

United States District Court NORTHERN DISTRICT OF TEXAS DALLAS DIVISION JOSHUA GEORGE NOWLAND, § TDJC No. 1872681 § v. CIVIL ACTION NO. 3:21-CV-1147-8-BK DIRECTOR, TDCJ-CID

ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JODGE

The United States Magistrate Judge made findings, conclusions, and a recommendation in this case [ECF No. 4]. An objection was filed by Petitioner [ECF No. 5]. 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 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. .

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 vy.

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 June 28, 2021. Jf, NITED STATES DISTRICT JUDGE