Opinion
Civil Action No. 3:04-CV-1976-M.
October 21, 2004
ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
On September 17, 2004, United States Magistrate Judge Jeff Kaplan made Findings and a Recommendation. No objections were filed. The Court thus reviews the Findings and Recommendation for plain error. Finding no plain error, the Court accepts the Findings and Recommendation of the United States Magistrate Judge, but instead of dismissing, this Court ORDERS this successive application for writ of habeas corpus is transferred to the Fifth Circuit Court of Appeals for review by a three-judge panel and not dismissed.
IT IS THEREFORE ORDERED that the Findings and Recommendation of the United States Magistrate Judge are accepted.