Opinion
3:19-CV-1547-M-BH
11-12-2021
DAVID LYMAN SPALDING, ID # 47371-177, Movant, v. ADMINISTRATIVE OFFICE OF THE COURTS, et al., Respondents.
ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
BARBARA M. G. LYNN CHIEF 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 Fed.Appx. 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.