Graves v. Stephens

Full title: ANTHONY GRAVES, ID # 1429082, Petitioner, v. WILLIAM STEPHENS, Director…

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

Date published: Feb 13, 2014

No. 3:12-CV-5259-M (BH) (N.D. Tex. Feb. 13, 2014)

Opinion

No. 3:12-CV-5259-M (BH)

02-13-2014

ANTHONY GRAVES, ID # 1429082, Petitioner, v. WILLIAM STEPHENS, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent.

BARBARA M. G. LYNN

ORDER ACCEPTING FINDINGS AND RECOMMENDATION

OF THE UNITED STATES MAGISTRATE JUDGE

After reviewing the objections to the Findings, Conclusions, and Recommendation of the United States Magistrate Judge and conducting a de novo review of those parts of the Findings and Conclusions to which objections have been made, 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.

For the reasons stated in the Findings, Conclusions, and Recommendation of the United States Magistrate Judge, the Court construes Petitioner's Objections to the Court Order Adopting the Findings and Recommendation of the United States Magistrate Judge; and Petitioner's Request fo the Court to Rescind, in part, the Court's Order and Grant an Evidentiary Hearing, received on January 15, 2014 (doc. 20), as a motion for relief from judgment pursuant to Rule 60(b) and DENIES it.

To the extent that the petitioner seeks to appeal the denial of his motion, he must file a separate notice of appeal and pay the $505.00 appellate filing fee or submit a motion to proceed in forma pauperis that is accompanied by a properly signed certificate of inmate trust account. The notice of appeal must be filed within thirty days after a Rule 60(b) motion is denied by the district court. See FED. R. APP. PROC. 4(a)(1)(A), (4)(A). This Court has already denied him a certificate of appealability, (see doc. 18), so no further motion is necessary. Pursuant to the Plan for Representation on Appeal Under the Criminal Justice Act, of the Judicial Council of the Fifth Circuit Court of Appeals, the determination of whether to appoint counsel to represent the petitioner on appeal rests with the Fifth Circuit. Any motion for appointment of counsel should be filed in that court.

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BARBARA M. G. LYNN

UNITED STATES DISTRICT JUDGE

NORTHERN DISTRICT OF TEXAS