Horton v. Director, TDCJ-CID

Filing 34

ORDER OF DISMISSAL ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE for 32 Report and Recommendation. Signed by Judge Richard A. Schell on 11/8/2011. (kls, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION

TOM E. HORTON, #1304582

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VS.

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DIRECTOR, TDCJ-CID

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CIVIL ACTION NO. 4:08cv380

ORDER OF DISMISSAL
The above-entitled and numbered civil action was referred to United States Magistrate Judge
Don D. Bush, who issued a Report and Recommendation concluding that the petition for a writ of
habeas corpus should be dismissed with prejudice. Petitioner has filed objections.
The Report of the Magistrate Judge, which contains his proposed findings of fact and
recommendations for the disposition of such action, has been presented for consideration. Having
made a de novo review of the objections raised by Petitioner to the Report, the Court is of the
opinion that the findings and conclusions of the Magistrate Judge are correct and the objections of
Petitioner are without merit. The Court hereby adopts the findings and conclusions of the Magistrate
Judge as the findings and conclusions of the Court. It is accordingly
ORDERED that the petition for a writ of habeas corpus is DENIED and the case is
DISMISSED with prejudice. A certificate of appealability is DENIED. It is further
ORDERED that all motions not previously ruled on are hereby DENIED.

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SIGNED this the 8th day of November, 2011.

_______________________________
RICHARD A. SCHELL
UNITED STATES DISTRICT JUDGE