Duffie v. United States

Full title: LARRY JOE DUFFIE, #42520-177, Petitioner, v. UNITED STATES OF AMERICA…

Court: UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION

Date published: Dec 18, 2017

CIVIL CASE NO. 3:17-CV-0414-M-BK (N.D. Tex. Dec. 18, 2017)

Opinion

CIVIL CASE NO. 3:17-CV-0414-M-BK Criminal Case No. 3:10-CR-265-M-02

12-18-2017

LARRY JOE DUFFIE, #42520-177, Petitioner, v. UNITED STATES OF AMERICA, Respondent.

BARBARA M. G. LYNN CHIEF JUDGE

ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE

The United States Magistrate Judge made Findings, Conclusions, and a Recommendation in this case. Petitioner filed objections, and the Court has made a de novo review of those portions of the proposed findings and recommendation to which objection was made. The objections are overruled, and the Court ACCEPTS the Findings, Conclusions, and Recommendation of the United States Magistrate Judge.

IT IS THEREFORE ORDERED that the successive section 2255 motion 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. § 1631.¹

1 An order transferring a successive application to the court of appeals is not a final order requiring a certificate of appealability. See

SO ORDERED this 18th day of December, 2017.

/s/ _________

BARBARA M. G. LYNN

CHIEF JUDGE

United States v. Fulton, 780 F.3d 683, 688 (5th Cir. 2015).