Robertson v. Director, TDCJ-CID

N.D. Texas

Robertson v. Director, TDCJ-CID

DecidedNovember 10, 2020

Docket3:20-cv-03169

StatusUnknown

This text of Robertson v. Director, TDCJ-CID (Robertson v. Director, TDCJ-CID) is published on Counsel Stack Legal Research, covering District Court, N.D. Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Robertson v. Director, TDCJ-CID, (N.D. Tex. 2020).

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Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION ARTHUR L. ROBERTSON, § Petitioner, § § § 3:20-CV-3169-X-BK § DIRECTOR, TDCJ-CID, § Respondent. §

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. No objections were filed. The District Court reviewed the proposed Findings, Conclusions, and Recommendation for plain error. Finding none, the Court ACCEPTS the Findings, Conclusions, and Recommendation of the United States Magistrate. IT IS THEREFORE ORDERED that the successive habeas petition is TRANSFERRED to the United States Court of Appeals for the Fifth Circuit. See 28 U.S.C. § 2244(b)(3); 28 U.S.C. § 1631.! The Clerk of the Court is directed to close this case. IT IS SO ORDERED this 10th day of November 2020. Lidl STARR UNITEDASTATES DISTRICT JUDGE

1 An order transferring a successive application to the court of appeals is not a final order requiring a certificate of appealability. See United States v. Fulton, 780 F.3d 688, 688 (5th Cir. 2015); Brewer v. Stephens, 605 F. App’x 417 (5th Cir. 2015) (per curiam).

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION ARTHUR L. ROBERTSON, § Petitioner, § § § 3:20-CV-3169-X-BK § DIRECTOR, TDCJ-CID, § Respondent. §

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. No objections were filed. The District Court reviewed the proposed Findings, Conclusions, and Recommendation for plain error. Finding none, the Court ACCEPTS the Findings, Conclusions, and Recommendation of the United States Magistrate. IT IS THEREFORE ORDERED that the successive habeas petition is TRANSFERRED to the United States Court of Appeals for the Fifth Circuit. See 28 U.S.C. § 2244(b)(3); 28 U.S.C. § 1631.! The Clerk of the Court is directed to close this case. IT IS SO ORDERED this 10th day of November 2020. Lidl STARR UNITEDASTATES DISTRICT JUDGE

1 An order transferring a successive application to the court of appeals is not a final order requiring a certificate of appealability. See United States v. Fulton, 780 F.3d 688, 688 (5th Cir. 2015); Brewer v. Stephens, 605 F. App’x 417 (5th Cir. 2015) (per curiam).

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Robertson v. Director, TDCJ-CID, Counsel Stack Legal Research, https://law.counselstack.com/opinion/robertson-v-director-tdcj-cid-txnd-2020.

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