Sanchez-Garcia v. United States

Full title: NICHOLAS SANCHEZ-GARCIA, Movant, v. UNITED STATES OF AMERICA, Respondent.

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

Date published: Oct 25, 2018

CIVIL ACTION NO. 3:18-CV-2616-G (BH) (N.D. Tex. Oct. 25, 2018)

Opinion

CIVIL ACTION NO. 3:18-CV-2616-G (BH) CRIMINAL ACTION NO. 3:04-CR-0014-G

10-25-2018

NICHOLAS SANCHEZ-GARCIA, Movant, v. UNITED STATES OF AMERICA, Respondent.

A. JOE FISH Senior United States District Judge

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 U.S. Magistrate Judge and any objections thereto, in accordance with 28 U.S.C. § 636(b)(1), the court 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, the movant's successive 28 U.S.C. § 2255 motion will be TRANSFERRED to the United States Court of Appeals for the Fifth Circuit pursuant to Henderson v. Haro, 282 F.3d 862, 864 (5th Cir. 2002) and In re Epps, 127 F.3d 364, 365 (5th Cir. 1997), by separate judgment.^*

* A certificate of appealability (COA) is not required to appeal an order transferring a successive habeas petition. See In re Garrett, 633 F. App'x 260, 261 (5th Cir. 2016); United States v. Fulton, 780 F.3d 683 (5th Cir. 2015). --------

SO ORDERED. October 25, 2018.

/s/ _________

A. JOE FISH

Senior United States District Judge