Opinion
No. 3:20-cv-1630-M
07-14-2020
ROBERTO MARTINEZ, TDCJ No. 2067337, Petitioner, v. LORIE DAVIS, Director Texas Department of Criminal Justice Correctional Institutions Division, Respondent.
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.
The Court therefore TRANSFERS Petitioner's unauthorized successive 28 U.S.C. 2254 habeas application to the United States Court of Appeals for the Fifth Circuit for appropriate action.
And, because the Court is transferring the application to the Fifth Circuit, a certificate of appealability ("COA") is not necessary. See United States v. Fulton, 780 F.3d 683, 688 (5th Cir. 2015) ("[A] transfer order under 28 U.S.C. § 1631 is not a final order within the meaning of § 2253(c)(1)(B), and the appeal of such an order does not require a COA."); Guel-Rivas v. Stephens, 599 F. App'x 175, 175 (5th Cir. 2015) (per curiam) (applying Fulton's holding to transfer of a successive Section 2254 application).
SO ORDERED this 14th day of July, 2020.
/s/ _________
BARBARA M. G. LYNN
CHIEF JUDGE