IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION ZACHARY DON GILLASPIE, ) Plaintiff, ) CIVIL ACTION NO. ) vs. ) 3:16-CV-2765-G (BH) ) ROBERT WARD, et al., ) Defendants. ) ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE After reviewing all relevant matters of record in this case, including the findings, conclusions, and recommendation of the United States Magistrate Judge and any objections thereto, in accordance with

(b)(1), the court is of the opinion that the findings and conclusions of the magistrate judge are correct and they are accepted as the findings and conclusions of the court. For the reasons stated in the findings, conclusions, and recommendation of the United States Magistrate Judge, the plaintiff’s Fed. R. Civ. P. 60(b) [overall] motion, received on May 7, 2019 (docket entry 46), is CONSTRUED as a successive petition and TRANSFERRED to the United States Court of Appeals for the Fifth Circuit. The clerk of court is DIRECTED to: (1) terminate the motion in this civil rights case; (2) open a new habeas case for administrative purposes only; (3) docket the motion in that new case as a § 2254 petition filed on May 7, 2019; (4) directly assign the new case to the same district judge and magistrate judge as in this case; (5) file a copy of the findings, conclusions, and recommendation of the United States Magistrate Judge, and the order accepting the findings, conclusions, and recommendation in the new case; and (6) without further judicial action, immediately TRANSFER the newly opened § 2254 action to the United States Court of Appeals for the Fifth Circuit under Henderson v. Haro,

(Sth Cir. 2002) and In re Epps,

(Sth Cir. 1997). SO ORDERED. July 29, 2019.

Cua. Fach A. JOE FISH Senior United States District Judge

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