Smith v. Director, TDCJ-CID

Filing 9

ORDER OF DISMISSAL ADOPTING REPORT AND RECOMMENDATION for 7 Order, Report and Recommendation. ORDERED that the petition for a writ of habeas corpus is DISMISSED without prejudice. All motions by either party not previously ruled on are hereby DENIED. Signed by Judge Richard A. Schell on 9/11/2013. (kls, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS SHERMAN DIVISION LEE DOUGLAS SMITH, JR., #01725728 § VS. § THE STATE OF TEXAS § CIVIL ACTION NO. 4:12cv150 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 same as the findings and conclusions of the court. It is therefore ORDERED that the petition for a writ of habeas corpus is DISMISSED without prejudice. All motions by either party not previously ruled on are hereby DENIED. . SIGNED this the 11th day of September, 2013. _______________________________ RICHARD A. SCHELL UNITED STATES DISTRICT JUDGE

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