Bryant v. Villalobos

District Court, N.D. Texas

Bryant v. Villalobos

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION ROBERT BRYANT, JR, ID #1419907, ) Petitioner, ) ) vs. ) No. 3:23-CV-1509-X-BH ) FNU VILLALOBOS, Warden, ) 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, 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, the Petition Under

28 U.S.C. § 2254

for Writ of Habeas Corpus by a Person in State Custody, received on July 6, 2023 (doc. 3), will be TRANSFERRED to the United States Court of Appeals for the Fifth Circuit pursuant to Henderson v. Haro,

282 F.3d 862, 864

(5th Cir. 2002), and In re Epps,

127 F.3d 364, 365

(Sth Cir. 1997), by separate judgment.' SIGNED this Ist day of August, 2023.

STARR UNITED STATES DISTRICT JUDGE

! A certificate of appealability (COA) is not required to appeal an order transferring a successive habeas petition. See In re Garrett,

633 F. App’x 260, 261

(Sth Cir. 2016); United States v. Fulton,

780 F.3d 683

(5th Cir. 2015).

Reference

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