Brooks v. Director, TDCJ-CID

Filing 30

MEMORANDUM ORDER adopting the magistrate judge's 28 Report and Recommendation. Respondent's motion to dismiss the petition or transfer it to the Fifth Circuit is denied. Respondent shall have 40 days from the date of this order in which to show cause why the writ should not be granted or to otherwise plead. Signed by District Judge Marcia A. Crone on 1/6/2021. (bjc, )

Case 1:19-cv-00162-MAC-KFG Document 30 Filed 01/06/21 Page 1 of 2 PageID #: 2728

UNITED STATES DISTRICT COURT

DYWAN SHENILLE BROOKS,
Petitioner,
versus
DIRECTOR, TDCJ-CID,
Respondent.

EASTERN DISTRICT OF TEXAS

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CIVIL ACTION NO. 1:19-CV-162

MEMORANDUM ORDER ADOPTING THE MAGISTRATE
JUDGE’S REPORT AND RECOMMENDATION
Petitioner Dywan Shenille Brooks, a prisoner confined at the LeBlanc Unit of the Texas
Department of Criminal Justice, Correctional Institutions Division, proceeding pro se, filed this
petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Respondent filed an answer to
the petition requesting that the petition be dismissed or transferred to the United States Court of
Appeals for the Fifth Circuit as a successive petition.
The court referred this matter to the Honorable Keith F. Giblin, United States Magistrate
Judge, at Beaumont, Texas, for consideration pursuant to applicable laws and orders of this court.
The magistrate judge recommends denying respondent’s motion to dismiss or to transfer the
petition to the Fifth Circuit.
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. No objections to the Report and Recommendation of United States Magistrate Judge
were filed by the parties.

Case 1:19-cv-00162-MAC-KFG Document 30 Filed 01/06/21 Page 2 of 2 PageID #: 2729

ORDER
Accordingly, the findings of fact and conclusions of law of the magistrate judge are
correct, and the report and recommendation of the magistrate judge (#28) is ADOPTED.
Respondent’s motion to dismiss the petition or transfer it to the Fifth Circuit is DENIED.
Respondent shall have forty days from the date of this order in which to show cause why the writ
should not be granted or to otherwise plead.
SIGNED at Beaumont, Texas, this 6th day of January, 2021.

________________________________________
MARCIA A. CRONE
UNITED STATES DISTRICT JUDGE

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