IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION

JESUS EDEN GARCIA, § #02 128847, § § Petitioner, § § § No. 3:19-cv-02389-M-BT § DIRECTOR, TDCJ-CID, § § Respondent. §

ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE The Court has taken under consideration the Findings, Conclusions, and Recommendation of United States Magistrate Judge Rebecca Rutherford dated September 12, 2023. The Court has made a de novo review of those portions of the Findings, Conclusions, and Recommendation to which objections were made. IT IS, THEREFORE, ORDERED that the Findings, Conclusions, and Recommendation of the United States Magistrate Judge are accepted, and any objections are overruled. The Court construes Petitioner’s motion (doc. 51) as a second or successive petition for a writ of habeas corpus under

and TRANSFERS it to the United States Court of Appeals for the Fifth Circuit pursuant to /n re Epps,

(Sth Cir. 1997). The Clerk of Court is directed to close this case. SO ORDERED this 17th day of October, 2023.

[AQ AAG fis BARA M. G. LYNN SENIOR UNITED STATES DISTRICT JUDGE