Sheid v. Underwood

District Court, N.D. Texas

Sheid v. Underwood

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION DAVID MICHAEL SHEID, ) # 31957177, ) Petitioner, ) vs. ) No. 3:19-CV-673-B-BH ) WARDEN UNDERWOOD, et al., ) Respondents. ) ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE After reviewing all relevant matters of record in this case, including the Findings, Conclu- sions, and Recommendation of the United States Magistrate Judge and any objections thereto, in accordance with

28 U.S.C. § 636

(b) (1), the Court is of the opinion that the Findings and Conclu- sions 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, by separate judgment, the petition for habeas corpus filed under

28 U.S.C. § 2241

will be DISMISSED as moot. A certificate of appealability (COA) is not required to appeal in a case under

28 U.S.C. § 2241

. See Montano v. Texas,

867 F.3d 540

, 547 n.8 (5th Cir. 2017). If the petitioner files a notice of appeal, he must pay the $505.00 appellate filing fee or submit a motion to proceed in forma pauperis and a properly signed certificate of inmate trust account. SIGNED this 9" day of April, 2020.

JAME J. BOY U}XITED STATES DISTRICT JUDGE

Reference

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