Wynn v. USA, No. 3:2016cv01747 - Document 6 (N.D. Tex. 2016)

Court Description: Order Accepting Findings and Recommendations: Habeas corpus petition is successive, and the clerk is directed to transfer the matter to the Fifth Circuit Court of Appeals. (Fifth Circuit notified via copy of the Notice of Electronic Filing.) re: 4 Findings and Recommendations on Case re: 2 Motion to Vacate under 28 U.S.C. 2255, filed by Eric Timothy Wynn. (Ordered by Judge Sam A Lindsay on 10/5/2016) (mem)

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Wynn v. USA Doc. 6 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION ERIC TIMOTHY WYNN, ID #33655-077, Petitioner, v. UNITED STATES OF AMERICA, Respondent. § § § § § § § § § § Civil Action No. 3:16-CV-1747-L ORDER This habeas case was referred to Magistrate Judge David L. Horan, who entered the Findings, Conclusions and Recommendation of the United States Magistrate Judge (“Report”) (Doc. 4) on July 27, 2016, recommending that Petitioner’s habeas petition be construed as successive and transferred to the United States Court of Appeals for the Fifth Circuit. See 28 U.S.C. ' 2244(b)(3). No objections to the Report were received as of the date of this order. 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, 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 directs the clerk of the court to transfer the habeas petition in this case to the Fifth Circuit for determination, and dismisses without prejudice this action for lack of subject matter jurisdiction. Order – Page 1 Dockets.Justia.com It is so ordered this 5th day of October, 2016. _________________________________ Sam A. Lindsay United States District Judge Order – Page 2

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