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17-172 - Edwards v. Davis-Director TDCJ-CID

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17-172 - Edwards v. Davis-Director TDCJ-CID
January 19, 2017
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Memorandum Opinion and Order: Edwards' motion for relief under Rule 60(b) seeks to advance new claims, it is considered a successive petition that this Court lacks jurisdiction to consider and is transferred to the United States Court of Appeals for the Fifth Circuit along with the applications to stay his execution. The Clerk of Court is DIRECTED to open for statistical purposes a new civil action (nature of suit 535-death penalty habeas corpus-assigned to the same district judge) and to close the same on the basis of this Order. The Court GRANTS a certificate of appealability. Re: 83 Motion to Vacate filed by Terry Darnell Edwards in 3:10-cv-6-M. (Ordered by Chief Judge Barbara M.G. Lynn on 1/19/2017) (mem)