Spalding v. Administrative Offices of the US Courts

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION DAVID LYMAN SPALDING, ) ID # 47371-177, ) Movant, ) ) vs. ) No. 3:19-CV-1547-M-BH ) ADMINISTRATIVE OFFICE OF THE ) COURTS, et al., ) Respondents. ) ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE After reviewing the Findings, Conclusions, and Recommendation of the United States Magistrate Judge for plain error, I am 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. By separate judgment, A Petition for a Writ of Audita Querela – So Invoked Under the All Writs Act – 28 U.S.C. § 1651(a) – Involving the Fifth Circuit Appellate Case # 16-10289 –, received on June 25, 2019 (doc. 2), and supplemented by the 161-page filing received on December 18, 2019 (doc. 14), will be DISMISSED for lack of jurisdiction. A certificate of appealability (COA) is not required for a federal prisoner to appeal the denial or dismissal of a writ of audita querela. See United States v. Cornett, 350 F. App’x 849, 850 (5th Cir. 2009) (per curiam). If the movant 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 12th day of November, 2021.

i. ty Le 4 i □□ 4 4 ls BARAM.G.NYNN HIEF JUDGE