Weaver v. Thaler

Filing 42

ORDER OF DISMISSAL ADOPTING REPORT AND RECOMMENDATION for 40 Report and Recommendation. 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 by either party not previously ruled on are hereby DENIED. Signed by Judge Richard A. Schell on 3/26/2013. (kls, )

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

JOSEPH FRANCIS WEAVER, #1394333

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VS.

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DIRECTOR, TDCJ-CID

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CIVIL ACTION NO. 4:10cv46

ORDER OF DISMISSAL
The above-entitled and numbered civil action was referred to United States Magistrate Judge
Don D. Bush. The Report and Recommendation of the Magistrate Judge, which contains proposed
findings of fact and recommendations for the disposition of such action, has been presented for
consideration, and no objections thereto having been timely filed, the Court is of the opinion that the
findings and conclusions of the Magistrate Judge are correct and adopts the same as the findings and
conclusions of the Court. It is therefore
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 by either party not previously ruled on are hereby DENIED.

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SIGNED this the 26th day of March, 2013.

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RICHARD A. SCHELL
UNITED STATES DISTRICT JUDGE