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17-1678 - Combs v. United States of America


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17-1678 - Combs v. United States of America
June 2, 2017
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FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE re: 69 MOTION Under 28 USC 2255 Second in Time or Rule 60(b) Appointment of Counsel filed by Roy Combs. The movant's filing should be construed as a motion to vacate filed under 28 U.S.C. § 2255 and should be TRANSFERRED to the United States Court of Appeals for the Fifth Circuit under Henderson v. Haro, 282 F.3d 862, 864 (5th Cir. 2002) and In re Epps, 127 F.3d 364, 365 (5th Cir. 1997). The Clerk of the Court should be DIRECTED to (1) terminate the post-judgment motion in this habeas case; (2) open a new habeas case for administrative purposes only; (3) docket the post-judgment motion as a § 2255 motion filed May 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, 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 § 2255 action to the United States Court of Appeals for the Fifth Circuit. [Originally filed 3:08-cv-32-N] (Ordered by Magistrate Judge Irma Carrillo Ramirez on 6/2/2017) (sss)
June 26, 2017
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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 administrative 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, 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 § 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)