Richardson v. Underwood

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION BENNIE RICHARDSON, ) # 98805-179, ) Petitioner, ) vs. ) No. 3:19-CV-338-C-BH ) M. UNDERWOOD, ) Respondent. ) ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE After reviewing all relevant matters of record in this case, including the Findings, Conclu- sions, and Recommendation of the United States Magistrate Judge and any objections thereto, in accordance with 28 U.S.C. § 636(b)(1), the Court is of the opinion that the Findings and Conclusions of the Magistrate Judge are correct and they are accepted as the Findings and Conclusions of the Court. For the reasons stated in the Findings, Conclusions, and Recommendation of the United States Magistrate Judge, by separate judgment, the petition for habeas corpus filed under 28 U.S.C. § 2241 will be DISMISSED for lack of jurisdiction. A certificate of appealability (COA) is not required to appeal in a case under 28 U.S.C. § 2241. See Montano v. Texas, 867 F.3d 540, 547 n.8 (Sth Cir. 2017). Ifthe 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. SIGNED this 31st day of March, 2020.

SAM BR. CUM S SENIOR UNITED STATES DISTRIGT/JUDGE