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

KANWAR SINGH, ) #047-071-013 ) Petitioner, ) ) vs. ) No. 3:23-CV-192-E-BH ) JIMMY JOHNSON, Warden, et al., ) Respondents. ) ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE

The United States Magistrate Judge made findings, conclusions, and a recommendation in this case. (doc. 9). No objections were filed. The District Court reviewed the proposed findings, conclusion, and recommendation for palin error. Finding none, the Court ACCEPTS the Magistrate Judge’s Findings, Conclusions, and Recommendation. For the reasons stated in the Findings, Conclusions, and Recommendation of the United States Magistrate Judge, the Petition for a Writ of Habeas Corpus Under

, received on January 25, 2023 (doc. 3), is DISMISSED without prejudice for lack of jurisdiction. A certificate of appealability (COA) is not required 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. SO ORDERED: May 3, 2023