DocketNumber: 07-10487
Judges: Garza, Demoss, Benavides
Filed Date: 4/26/2007
Status: Non-Precedential
Modified Date: 10/19/2024
United States Court of Appeals Fifth Circuit F I L E D UNITED STATES COURT OF APPEALS April 26, 2007 FIFTH CIRCUIT Charles R. Fulbruge III ____________ Clerk No. 07-10487 ____________ In Re: RYAN HEATH DICKSON, Movant. On Motion for Authorization to File Successive Petition for Writ of Habeas Corpus in the United States District Court Before the Northern District of Texas, Amarillo Before GARZA, DeMOSS, and BENAVIDES, Circuit Judges. PER CURIAM:* It is ORDERED that the instant manner-of-execution challenge be TRANSFERRED back to the Northern District of Texas to be decided pursuant to42 U.S.C. § 1983
. See Hill v. McDonough,126 S.Ct. 2096
(2006). It is further ORDERED that the Clerk shall immediately transmit a true copy of this order to the Northern District of Texas and notify all parties of this action. In doing so, we note our concern about this suit being filed so late and question whether entertaining the suit is consistent with our cases. See Neville v. Johnson,440 F.3d 221
, 222 (5th Cir. 2006); Reese v. Livingston,453 F.3d 289
, 291 (5th Cir. 2006); White v. Johnson,429 F.3d 572
, 574 * Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. (5th Cir. 2005); Harris v. Johnson,376 F.3d 414
(5th Cir. 2004). -2-