TOLBERT v. DAVIS, 3:15-CV-2269-L. (2016)
Court: District Court, N.D. Texas
Number: infdco20161007d27
Visitors: 25
Filed: Oct. 06, 2016
Latest Update: Oct. 06, 2016
Summary: ORDER SAM A. LINDSAY , District Judge . This habeas case was referred to Magistrate Judge Ren e Harris Toliver, who entered Findings, Conclusions and Recommendation of the United States Magistrate Judge ("Report") (Doc. 21) on July 22, 2016, recommending that Petitioner's habeas petition be construed as successive and dismissed without prejudice for lack of jurisdiction. Petitioner filed objections to the Report, which were docketed on August 4, 2016. When a petition is deemed successive,
Summary: ORDER SAM A. LINDSAY , District Judge . This habeas case was referred to Magistrate Judge Ren e Harris Toliver, who entered Findings, Conclusions and Recommendation of the United States Magistrate Judge ("Report") (Doc. 21) on July 22, 2016, recommending that Petitioner's habeas petition be construed as successive and dismissed without prejudice for lack of jurisdiction. Petitioner filed objections to the Report, which were docketed on August 4, 2016. When a petition is deemed successive, ..
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ORDER
SAM A. LINDSAY, District Judge.
This habeas case was referred to Magistrate Judge Renée Harris Toliver, who entered Findings, Conclusions and Recommendation of the United States Magistrate Judge ("Report") (Doc. 21) on July 22, 2016, recommending that Petitioner's habeas petition be construed as successive and dismissed without prejudice for lack of jurisdiction. Petitioner filed objections to the Report, which were docketed on August 4, 2016.
When a petition is deemed successive, the district court lacks subject matter jurisdiction unless a panel of the Fifth Circuit allows the successive petition to proceed. After reviewing the pleadings, file, record in this case, and Report, and having conducting a de novo review of that portion of the Report to which objection was made, the court determines that the findings and conclusions of the magistrate judge are correct, and accepts them as those of the court. Accordingly, the court overrules Petitioner's objections, directs the clerk of the court to transfer the habeas petition in this case to the United States Court of Appeals for the Fifth Circuit Fifth Circuit for determination, and dismisses without prejudice this action for lack of subject matter jurisdiction. In the event Petitioner files a notice of appeal, he may proceed in forma pauperis on appeal.
It is so ordered.
Source: Leagle
