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Barker v. State

United States District Court, Northern District of Texas
Dec 6, 2023
Civil Action 3:23-CV-2315-S-BH (N.D. Tex. Dec. 6, 2023)

Opinion

Civil Action 3:23-CV-2315-S-BH

12-06-2023

ARTHUR JOYAL BARKER v. STATE OF TEXAS


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

After reviewing all relevant matters of record in this case, including the Findings, Conclusions, and Recommendation of the United States Magistrate Judge and any objections thereto, in accordance with 28 U.S.C. § 636(b)(1), the undersigned District Judge 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, any claims in the Motion for Writ of Coram Nobies [sic] [ECF No. 2], received on October 10, 2023, challenging Petitioner's 2005 conviction or sentence will be DISMISSED by separate judgment based on the prior filing and monetary sanctions imposed against Petitioner by the Fifth Circuit, and any request for coram nobis relief will be DISMISSED for lack of jurisdiction.

A certificate of appealability is not required to appeal the dismissal of a petition for writ of error coram nobis. See, e.g.t United States v. Few, 372 Fed.Appx. 564, 565 (5th Cir. 2010).

If 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.

SO ORDERED.


Summaries of

Barker v. State

United States District Court, Northern District of Texas
Dec 6, 2023
Civil Action 3:23-CV-2315-S-BH (N.D. Tex. Dec. 6, 2023)
Case details for

Barker v. State

Case Details

Full title:ARTHUR JOYAL BARKER v. STATE OF TEXAS

Court:United States District Court, Northern District of Texas

Date published: Dec 6, 2023

Citations

Civil Action 3:23-CV-2315-S-BH (N.D. Tex. Dec. 6, 2023)