Teel v. Garcia

Opinion

United States District Court NORTHERN DISTRICT OF TEXAS DALLAS DIVISION HARVEY LUTHER TEEL § CIVIL ACTION NO. 3:23-CV-1946-S-BT JUAN GARCIA 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 Court reviewed the 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. Petitioner’s action is construed as a successive petition for a writ of habeas corpus under 28 U.S.C. § 2254, and it is TRANSFERRED to the United States Court of Appeals for the Fifth Circuit pursuant to □□ re Epps, 127 F.3d 364, 365 (5th Cir. 1997). Because an order transferring a successive application is not a final order, a certificate of appealability is not needed. See United States v. Fulton, 780 F.3d 683, 688 (Sth Cir. 2015); Guel-Rivas v. Stephens, 599 F. App’x 175, 175 (Sth Cir. 2015) (applying Fulton’s holding to transfer of a successive Section 2254 application). SO ORDERED. SIGNED January 30, 2024. CeuSelr— LL eS.lo—