U.S. v. Villarreal

Full title: UNITED STATES OF AMERICA, Plaintiff, v. JENNIFER VILLARREAL, Defendant

Court: United States District Court, N.D. Texas, Dallas Division

Date published: Mar 28, 2005

Nos. 3:02-CR-0396-M(06), 3:05-CV-0356-M (N.D. Tex. Mar. 28, 2005)

Opinion

Nos. 3:02-CR-0396-M(06), 3:05-CV-0356-M.

March 28, 2005

ORDER ACCEPTING WITH MODIFICATION FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE

BARBARA LYNN, District Judge

After making an independent review of the pleadings, files and records in this case, and the Findings, Conclusions and Recommendation of the United States Magistrate Judge dated February 25, 2005, the Court finds that the Findings and Conclusions of the Magistrate Judge are correct, but this Court modifies the Recommendation in the following respect. Petitioner's writ of habeas corpus under 28 U.S.C. § 2254 is not dismissed, but instead is transferred to the Fifth Circuit Court of Appeals pursuant to In re Epps, 127 F.3d 364, 365 (5^th Cir. 1997).

IT IS, THEREFORE, ORDERED that the Findings, Conclusions and Recommendation of the United States Magistrate Judge are accepted as modified.

SO ORDERED.