Filed: Apr. 26, 2007
Latest Update: Feb. 21, 2020
Summary: United States Court of Appeals Fifth Circuit F I L E D UNITED STATES COURT OF APPEALS April 26, 2007 FIFTH CIRCUIT Charles R. Fulbruge III _ Clerk No. 07-10487 _ In Re: RYAN HEATH DICKSON, Movant. On Motion for Authorization to File Successive Petition for Writ of Habeas Corpus in the United States District Court Before the Northern District of Texas, Amarillo Before GARZA, DeMOSS, and BENAVIDES, Circuit Judges. PER CURIAM:* It is ORDERED that the instant manner-of-execution challenge be TRANSFE
Summary: United States Court of Appeals Fifth Circuit F I L E D UNITED STATES COURT OF APPEALS April 26, 2007 FIFTH CIRCUIT Charles R. Fulbruge III _ Clerk No. 07-10487 _ In Re: RYAN HEATH DICKSON, Movant. On Motion for Authorization to File Successive Petition for Writ of Habeas Corpus in the United States District Court Before the Northern District of Texas, Amarillo Before GARZA, DeMOSS, and BENAVIDES, Circuit Judges. PER CURIAM:* It is ORDERED that the instant manner-of-execution challenge be TRANSFER..
More
United States Court of Appeals
Fifth Circuit
F I L E D
UNITED STATES COURT OF APPEALS
April 26, 2007
FIFTH CIRCUIT
Charles R. Fulbruge III
____________ Clerk
No. 07-10487
____________
In Re: RYAN HEATH DICKSON,
Movant.
On Motion for Authorization to File
Successive Petition for Writ of Habeas
Corpus in the United States District Court
Before the Northern District of Texas, Amarillo
Before GARZA, DeMOSS, and BENAVIDES, Circuit Judges.
PER CURIAM:*
It is ORDERED that the instant manner-of-execution challenge be TRANSFERRED back
to the Northern District of Texas to be decided pursuant to 42 U.S.C. ยง 1983. See Hill v.
McDonough, 126 S. Ct. 2096 (2006). It is further ORDERED that the Clerk shall immediately
transmit a true copy of this order to the Northern District of Texas and notify all parties of this action.
In doing so, we note our concern about this suit being filed so late and question whether
entertaining the suit is consistent with our cases. See Neville v. Johnson, 440 F.3d 221, 222 (5th Cir.
2006); Reese v. Livingston,
453 F.3d 289, 291 (5th Cir. 2006); White v. Johnson,
429 F.3d 572, 574
*
Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be
published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
(5th Cir. 2005); Harris v. Johnson, 376 F.3d 414 (5th Cir. 2004).
-2-
