Bucknell v. Director, TDCJ-CID

Filing 31

ORDER OF DISMISSAL ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE for 28 Report and Recommendation. ORDERED that the petition for a writ of habeas corpus is DISMISSED with prejudice as moot. It is further ORDERED that a certificate of appealability is DENIED. It is finally ORDERED that all motions by either party not previously ruled on are hereby DENIED. Signed by Judge Richard A. Schell on 8/21/2013. (kls, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION
RICHARD JAMES BUCKNELL, #1277904

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VS.

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DIRECTOR, TDCJ-CID

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CIVIL ACTION NO. 4:10cv184
CONSOLIDATED WITH
CIVIL ACTION NO. 4:10cv216

ORDER OF DISMISSAL
Petitioner Richard James Bucknell, an inmate confined in the Texas prison system, filed the
above-styled and numbered petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The
cause of action was referred to United States Magistrate Judge Don D. Bush who issued a Report
and Recommendation concluding that the petition should be denied. The 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, and having
made a de novo review of the objections raised by the 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
the Petitioner are without merit.
It is specifically noted that the Petitioner complained in his objections that the court had not
ruled on his motion to waive the exhaustion requirement. The Fifth Circuit found on appeal that he
had exhausted his state court remedies and that the Respondent had waived the issue. The matter
was resolved on appeal and there was no basis for further examining the issue.
The Petitioner also renewed his complaint that his trial attorney was ineffective for failing
to object to the state trial court’s failure to conduct an Article 38.072 hearing. The Report and
Recommendation fully discussed why there was no need for such a hearing; thus, counsel did not
have a meritorious basis for objecting. Therefore, the court hereby adopts the findings and
conclusions of the Magistrate Judge as the findings and conclusions of the court. It is accordingly
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ORDERED that the petition for a writ of habeas corpus is DISMISSED with prejudice as
moot. It is further
ORDERED that a certificate of appealability is DENIED. It is finally
ORDERED that all motions by either party not previously ruled on are hereby DENIED.

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SIGNED this the 21st day of August, 2013.

_______________________________
RICHARD A. SCHELL
UNITED STATES DISTRICT JUDGE

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