Pete v. White

Filing 47

MEMORANDUM ORDER overruling petitioner's objections and adopting 43 Report and Recommendation. Signed by Judge Ron Clark on 8/26/09. (tkd, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS BEAUMONT DIVISION MICHAEL PETE VS. DIRECTOR, TDCJ-CID CIVIL ACTION NO. 1:06cv470 MEMORANDUM ORDER OVERRULING PETITIONER'S OBJECTIONS AND ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION Petitioner Michael Pete, an inmate confined at the Huntsville Unit, proceeding pro se, brought this petition for writ of habeas corpus pursuant to 28 U.S.C. 2254. The court referred this matter to the Honorable Earl S. Hines, United States Magistrate Judge, at Beaumont, Texas, for consideration pursuant to applicable laws and orders of this court. The Magistrate Judge recommends the petition be denied. The court has received and considered the Report and Recommendation of United States Magistrate Judge filed pursuant to such order, along with the record, pleadings and all available evidence. Petitioner filed objections to the magistrate judge's Report and Recommendation. This requires a de novo review of the objections in relation to the pleadings and the applicable law. See FE D . R. CIV. P. 72(b). After careful consideration, the court concludes petitioner's objections should be overruled. For the reasons set forth in the report, petitioner has failed to show that the state court adjudication was contrary to, or involved an unreasonable application of, clearly established federal law, as determined by the Supreme Court of the United States. Further, petitioner has not shown that the adjudication resulted in a decision that was based on an unreasonable determination of the fact in light of the evidence presented in the state court proceeding. ORDER Accordingly, Petitioner's objections are OVERRULED. The findings of fact and conclusions of law of the magistrate judge are correct and the report of the magistrate judge is ADOPTED. A final judgment will be entered in this case in accordance with the magistrate judge's recommendations. So ORDERED and SIGNED this 26 day of August, 2009. ___________________________________ Ron Clark, United States District Judge 2

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