Webber v. Davis

Full title: RICKEY DEWAYNE WEBBER, #1135023 Petitioner, v. LORIE DAVIS, Director…

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

Date published: Jan 27, 2017

CIVIL NO. 3:16-CV-2441-N-BK (N.D. Tex. Jan. 27, 2017)

Opinion

CIVIL NO. 3:16-CV-2441-N-BK

01-27-2017

RICKEY DEWAYNE WEBBER, #1135023 Petitioner, v. LORIE DAVIS, Director, Texas Department of Criminal Justice, Correctional Institutions Div., 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.

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 27^th day of January, 2017.

/s/_________

UNITED STATES DISTRICT JUDGE

United States v. Fulton, 780 F.3d 683, 688 (5th Cir. 2015); Brewer v. Stephens, 605 Fed. Appx. 417 (5th Cir. 2015) (per curiam).