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16-2766 - Allen v. Davis

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16-2766 - Allen v. Davis
October 4, 2016
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FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: Because the Rule 60(b) motion is substantive, the Court should construe it is an unauthorized successive habeas application and deny it without prejudice to Petitioner Charles Anthony Allen, Sr.'s right to seek leave from the United States Court of Appeals for the Fifth Circuit to file a successive habeas application. (Ordered by Magistrate Judge David L Horan on 10/4/2016) (twd)
November 9, 2016
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Order Accepting 5 Findings and Recommendations and Denying Certificate of Appealability. (Ordered by Judge Jane J Boyle on 11/9/2016) (mcrd)