Feist v. Court of Criminal Appeals

Filing 18

ORDER overruling petitioner's objections and adopting the magistrate judge's 8 Report and Recommendation. Petitioner's 6 Motion for default judgment is denied. Signed by Judge Ron Clark on 3/16/2016. (bjc, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
BEAUMONT DIVISION
HERBERT FEIST

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VS.

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DIRECTOR, TDCJ-CID

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CIVIL ACTION NO. 1:15-CV-135

ORDER OVERRULING PETITIONER’S OBJECTIONS AND ADOPTING
THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Petitioner Herbert Feist, a prisoner confined at the Jefferson County Jail, brought this petition
for writ of mandamus pursuant to 28 U.S.C. § 1651.
The court ordered that this matter be referred to the Honorable Keith F. Giblin, United States
Magistrate Judge, for consideration pursuant to applicable laws and orders of this court. The
Magistrate Judge has submitted a Report and Recommendation of United States Magistrate Judge.
The Magistrate Judge recommends denying petitioner’s motion for default judgment.
The court has received and considered the Report and Recommendation of United States
Magistrate Judge, along with the record and the pleadings. Petitioner filed objections to the
Magistrate Judge’s Report and Recommendation.
The court has conducted a de novo review of the objections in relation to the pleadings and
the applicable law. See FED. R. CIV. P. 72(b). After careful consideration of all the pleadings and
the relevant case law, the court concludes that petitioner’s objections lack merit.
ORDER
Accordingly, petitioner’s objections (docket entry #10) are OVERRULED. The findings
of fact and conclusions of law of the Magistrate Judge are correct, and the report of the Magistrate

Judge (docket entry #8) is ADOPTED. Petitioner’s motion for default judgment (docket entry #6)
is DENIED.

So ORDERED and SIGNED this 16 day of March, 2016.

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Ron Clark, United States District Judge

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