Opinion
3:23-CV-415-M (BH)
04-24-2023
ALAN LYNN MCDONALD, #1039962, Petitioner, v. WARDEN SMITH, James V. Allred Unit, Respondent.
ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
BARBARA M. G. LYNN UNITED STATES DISTRICT JUDGE
After reviewing 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.
By separate judgment, the Amended Petition for a Writ of Habeas Corpus by a Person in State Custody, received on March 21, 2023 (doc. 5), will be TRANSFERRED to the United States Court of Appeals for the Fifth Circuit as a successive 28 U.S.C. § 2254 petition pursuant to Henderson v. Haro, 282 F.3d 862, 864 (5th Cir. 2002), and In re Epps, 127 F.3d 364, 365 (5th Cir. 1997).
A certificate of appealability (COA) is not required to appeal an order transferring a successive habeas petition. See In re Garrett, 633 Fed.Appx. 260, 261 (5th Cir. 2016); United States v. Fulton, 780 F.3d 683, 688 (5th Cir. 2015).