Martin v. Thaler
ORDER OF DISMISSAL ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE for 11 Report and Recommendation. ORDERED that the petition for a writ of habeas corpus is DISMISSED without prejudice. It is further ORDERED that all motions not previously ruled on are hereby DENIED. Signed by Judge Michael H. Schneider on 1/3/2012. (kls, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
BARRY MARTIN, #1641901
CIVIL ACTION NO. 4:11cv337
ORDER OF DISMISSAL
The above-entitled and numbered civil action was referred to a United States Magistrate, who
issued a Report and Recommendation concluding that the petition for a writ of habeas corpus should
be dismissed without prejudice for failure to exhaust state remedies. Petitioner 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 DISMISSED without prejudice.
It is further ORDERED that all motions not previously ruled on are hereby DENIED.
It is SO ORDERED.
SIGNED this 3rd day of January, 2012.
MICHAEL H. SCHNEIDER
UNITED STATES DISTRICT JUDGE
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