UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION

BOBBY EARL MCGRAW, ) ID # 50417-380, ) Petitioner, ) ) No. 3:18-CV-2746-B-BH vs. ) ) UNITED STATES OF AMERICA, ) Respondent. ) 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 petitioner’s Amended Petition for Writ of Habeas Corpus Under

is DISMISSED lack of jurisdiction. A certificate of appealability (COA) is not required for a federal detainee to appeal the denial of relief under

. See Padilla v. United States,

, 425 (5th Cir. 2005). 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 21* day of July, 2020.

JANE J. BOYI. UMMITED ST S DISTRICT JUDGE