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: Jul 11, 2016

3:16-CV-1531-M-BK (N.D. Tex. Jul. 11, 2016)

Opinion

3:16-CV-1531-M-BK 3:10-CR-00265-M-2

07-11-2016

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

BARBARA M. G. LYNN CHIEF JUDGE

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

The United States Magistrate Judge made Findings, Conclusions, and a Recommendation in this case. No objections were filed. The District Court reviewed the proposed Findings, Conclusions, and Recommendation for plain error. Finding none, the Court ACCEPTS the Findings, Conclusions, and Recommendation of the United States Magistrate.

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

The Clerk of the Court is directed to transmit a copy of this order to the Federal Public Defender's Office.

SO ORDERED this 11 day of July, 2016.

/s/_________

BARBARA M. G. LYNN

CHIEF JUDGE