Opinion
3:16-CV-1184-N-BK 3:92-CR-382-N-1
07-06-2016
MICHAEL D. CLARK, #23521-077, Petitioner, v. UNITED STATES OF AMERICA, Respondent.
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 District 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.
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 6th day of July, 2016.
/s/_________
UNITED STATES DISTRICT JUDGE
United States v. Fulton, 780 F.3d 683, 688 (5th Cir. 2015).