Lyon v. Davis

Full title: EDWIN KENNER LYON, Petitioner, v. LORIE DAVIS, Director TDCJ-CID…

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

Date published: May 5, 2020

CIVIL NO. 3:20-CV-612-B-BK (N.D. Tex. May. 5, 2020)

Opinion

CIVIL NO. 3:20-CV-612-B-BK

05-05-2020

EDWIN KENNER LYON, Petitioner, v. LORIE DAVIS, Director TDCJ-CID, Respondent.

JANE J. BOYLE UNITED STATES DISTRICT 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 Judge. IT IS THEREFORE ORDERED that the successive petition for writ of habeas corpus 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); Brewer v. Stephens, 605 Fed. Appx. 417 (5th Cir. 2015) (per curiam). --------

The Clerk of the Court is directed to close this case.

SO ORDERED this 5^th day of May, 2020.

/s/ _________

JANE J. BOYLE

UNITED STATES DISTRICT JUDGE