Miller v. State of Texas

Filing 28

MEMORANDUM ORDER adopting 20 Report and Recommendation and denying 9 Motion for Default Judgment. Signed by Judge Ron Clark on 9/2/08. (tkd, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS BEAUMONT DIVISION ANDRE DESHAWN MILLER VS. NATHANIEL QUARTERMAN CIVIL ACTION NO. 1:06cv560 MEMORANDUM ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION Andre Deshawn Miller, proceeding pro se, filed the above-styled petition for writ of habeas corpus. The court referred the matter to the Honorable Keith F. Giblin, United States Magistrate Judge, for consideration pursuant to applicable orders of this court. Petitioner has filed a motion for default judgment (doc. no. 9). The magistrate judge has submitted a Report and Recommendation of United States Magistrate Judge recommending the motion be denied. The court has received and considered the Report and Recommendation of United States Magistrate Judge, along with the records, pleadings and all available evidence. No objections to the Report and Recommendation were filed by the parties. ORDER Accordingly, the findings of fact and conclusions of law of the magistrate judge are correct and the report of the magistrate judge is ADOPTED. The motion for default judgment is DENIED. So ORDERED and SIGNED this 2 day of September, 2008. ___________________________________ Ron Clark, United States District Judge

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