Rush v. Stephens

Full title: MICHAEL SCOTT RUSH, Petitioner, v. WILLIAM STEPHENS, Director, Texas Dept…

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

Date published: Jan 25, 2016

No. 3:15-CV-3790-B (N.D. Tex. Jan. 25, 2016)

Opinion

No. 3:15-CV-3790-B

01-25-2016

MICHAEL SCOTT RUSH, Petitioner, v. WILLIAM STEPHENS, Director, Texas Dept. Of Criminal Justice, Correctional Institutions Division, 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.

IT IS THEREFORE ORDERED that the successive habeas petition 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

SO ORDERED this 25^th day of January, 2016.

/s/

JANE J. BOYLE

UNITED STATES DISTRICT JUDGE

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