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18-144 - Whaley v. Court of Criminal Appeals of Texas et al


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18-144 - Whaley v. Court of Criminal Appeals of Texas et al
January 19, 2018
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FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE on Case re: 3 Petition for Writ of Habeas Corpus. The post-judgment motion (doc. 31) should be construed as a new 28 U.S.C. § 2254 habeas petition, and the Clerk of Court should be DIRECTED to: (1) terminate the motion in this civil rights case; (2) open a new habeas case for administrative purposes only; (3) docket the motion in that new case as a § 2254 petition filed on January 11, 2018; (4) directly assign the new case to the same District Judge and Magistrate Judge as in this case; (5) file in the new case a copy of these Findings, Conclusions, and Recommendation of the United States Magistrate Judge, any order accepting these Findings, Conclusions, and Recommendation, and a copy of the Fifth Circuit'ssanctions order in No. 11-10180; and (6) ADMINISTRATIVELY CLOSE the new case for failure to comply with the sanctions order. (Ordered by Magistrate Judge Irma Carrillo Ramirez on 1/19/2018) (ykp)
January 19, 2018
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ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE. The Clerk of Court is DIRECTED to terminate the motion in this civil rights case; (2) open a new habeas case for administrative purposes only; (3) docket the motion in that new case as a § 2254 petition filed January 11, 2018; (4) directly assign the new case to the same District Judge and Magistrate Judge as in this case; (5) file in the new case a copy of the Findings, Conclusions, and Recommendation of the United States Magistrate Judge, this order accepting the Findings, Conclusions, and Recommendation, and a copy of the Fifth Circuit's sanctions order in No. 11-10180; and (6) ADMINISTRATIVELY CLOSE the new case for failure to comply with the sanctions order. (Ordered by Senior Judge Sam R Cummings on 1/19/2018) (Attachments: # (1) Fifth Circuit's sanctions order in No. 11-10180) (ykp)