Wilkerson v. Davis-Director TDCJ-CID

Justia Dockets & Filings Fifth Circuit Texas Northern District Wilkerson v. Davis-Director TDCJ-CID

Wilkerson v. Davis-Director TDCJ-CID

Petitioner:	Senrick Shern Wilkerson
Respondent:	Lorie Davis-Director TDCJ-CID
Case Number:	3:2017cv02335
Filed:	September 1, 2017
Court:	US District Court for the Northern District of Texas
Office:	Dallas Office
County:	Dallas
Presiding Judge:	Barbara M.G. Lynn
Presiding Judge:	Irma Carrillo Ramirez
Nature of Suit:	General
Cause of Action:	28 U.S.C. § 2254
Jury Demanded By:	None

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Date Filed	Document Text
September 1, 2017	Filing 5 ORDER ACCEPTING 4 FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: The motion for relief from final judgment under Rule 60(b) is CONSTRUED as a successive petition for writ of habeas corpus under 28 U.S.C. § 2254. The Clerk o f the Court is DIRECTED to (1) terminate the post-judgment motion in this habeas case; (2) open a new habeas case for administrative purposes only; (3) file the post-judgment motion as a § 2254 petition filed August 8, 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, Conclusions, 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 § 2254 action to the United States Court of Appeals for the Fifth Circuit. [Originally filed in 3:13-cv-1694] (Ordered by Chief Judge Barbara M.G. Lynn on 9/1/2017) (sss)

Date Filed

Document Text

September 1, 2017

Filing 5 ORDER ACCEPTING 4 FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: The motion for relief from final judgment under Rule 60(b) is CONSTRUED as a successive petition for writ of habeas corpus under 28 U.S.C. § 2254. The Clerk o f the Court is DIRECTED to (1) terminate the post-judgment motion in this habeas case; (2) open a new habeas case for administrative purposes only; (3) file the post-judgment motion as a § 2254 petition filed August 8, 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, Conclusions, 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 § 2254 action to the United States Court of Appeals for the Fifth Circuit. [Originally filed in 3:13-cv-1694] (Ordered by Chief Judge Barbara M.G. Lynn on 9/1/2017) (sss)

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Petitioner: Senrick Shern Wilkerson
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Respondent: Lorie Davis-Director TDCJ-CID
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