Combs v. United States of America

Combs v. United States of America

Petitioner:	Roy Combs
Respondent:	United States of America
Case Number:	3:2017cv01678
Filed:	June 26, 2017
Court:	US District Court for the Northern District of Texas
Office:	Dallas Office
County:	Dallas
Presiding Judge:	David C Godbey
Presiding Judge:	Irma Carrillo Ramirez
Nature of Suit:	Motions to Vacate Sentence
Cause of Action:	28 U.S.C. § 2255
Jury Demanded By:	None

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Date Filed	Document Text
June 26, 2017	Filing 3 ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: The movant's Motion Under 28 U.S.C. § 2255 Second-in-Time or Rule60(b), Fed. R. Civ. P. Appointment of Counsel (doc. 69 ) is construed as a successive 28 U.S .C. § 2255 motion and is hereby TRANSFERRED to the United States Court of Appeals for the Fifth Circuit. The Clerk of the Court is DIRECTED to (1) terminate the post-judgment motion in this habeas case; (2) open a new habeas case for administrat ive purposes only; (3) docket the postjudgment motion as a § 2255 motion filed 5/26/2017, in that new case; (4) directly assign the new case to the same District Judge and Magistrate Judge as in this case; (5) file a copy of the Findings, Conclu sions, and Recommendation of the United States Magistrate Judge and the order accepting those Findings, Conclusions, and Recommendation, and the judgment in that new case and (6) and without further judicial action, immediately TRANSFER the newly opened § 2255 action to the United States Court of Appeals for the Fifth Circuit. [Originally filed in 3:08-cv-32-N] (Ordered by Judge David C Godbey on 6/26/2017) (sss)

Date Filed

Document Text

June 26, 2017

Filing 3 ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: The movant's Motion Under 28 U.S.C. § 2255 Second-in-Time or Rule60(b), Fed. R. Civ. P. Appointment of Counsel (doc. 69 ) is construed as a successive 28 U.S .C. § 2255 motion and is hereby TRANSFERRED to the United States Court of Appeals for the Fifth Circuit. The Clerk of the Court is DIRECTED to (1) terminate the post-judgment motion in this habeas case; (2) open a new habeas case for administrat ive purposes only; (3) docket the postjudgment motion as a § 2255 motion filed 5/26/2017, in that new case; (4) directly assign the new case to the same District Judge and Magistrate Judge as in this case; (5) file a copy of the Findings, Conclu sions, and Recommendation of the United States Magistrate Judge and the order accepting those Findings, Conclusions, and Recommendation, and the judgment in that new case and (6) and without further judicial action, immediately TRANSFER the newly opened § 2255 action to the United States Court of Appeals for the Fifth Circuit. [Originally filed in 3:08-cv-32-N] (Ordered by Judge David C Godbey on 6/26/2017) (sss)

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Petitioner: Roy Combs
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Respondent: United States of America
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