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16-2714 - McCoy v. Davis-Director TDCJ-CID


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16-2714 - McCoy v. Davis-Director TDCJ-CID
March 31, 2017
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FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: It is recommended that the successive claims in grounds one and two be TRANSFERRED to the United States Court of Appeals for the Fifth Circuit, see 28 U.S.C. § 2244(b)(3); 28 U.S.C. § 1631, and that grounds three and four be summarily DISMISSED WITH PREJUDICE, see Rule 4 of the Rules Governing Section 2254 Cases in the United States District Courts. (Ordered by Magistrate Judge Renee Harris Toliver on 3/31/2017) (mcrd)
May 30, 2017
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Order: The 25 findings, conclusions, and recommendation of the magistrate judge are adopted. It is ordered that the successive claims in grounds one and two of petitioner's petition are transferred to the United States Court of Appeals for the Fifth Circuit. (Fifth Circuit notified via copy of the Notice of Electronic Filing.) Grounds three and four are summarily dismissed with prejudice. The court denies a certificate of appealability. (Ordered by Judge Sidney A Fitzwater on 5/30/2017) (rekc)