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18-026 - Benner v. Director, TDCJ-CID


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18-026 - Benner v. Director, TDCJ-CID
February 27, 2018
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FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: Because this is Petitioner's first successive habeas petition challenging his conviction, the undersigned RECOMMENDS that Chief United States District Judge Barbara M.G. Lynn TRANSFER the instant Petition to the Fifth Circuit for further proceedings in accordance with the provisions of 28 U.S.C. § 2244(b). (Ordered by Magistrate Judge Hal R. Ray, Jr on 2/27/2018) (plp)
March 22, 2018
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ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: It is therefore ORDERED that the successive habeas petition is 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. (Ordered by Chief Judge Barbara M.G. Lynn on 3/22/2018) (skg)
May 11, 2018
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The undersigned therefore RECOMMENDS that Chief Judge Lynn DENY Petitioner's "60(b) Motion for Relief from Judgement" (ECF No. 17). (Ordered by Magistrate Judge Hal R. Ray, Jr on 5/11/2018) (plp)
May 23, 2018
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ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: The Court ACCEPTS the Findings, Conclusions, and Recommendation of the United States Magistrate Judge. It is therefore ORDERED that Petitioner's "60(b) Motion for Relief from Judgement" (ECF No. 17) is DENIED with prejudice. (Ordered by Chief Judge Barbara M.G. Lynn on 5/23/2018) (plp)