Frey v. Director, TDCJ-CID

Filing 19

ORDER OF DISMISSAL ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE for 16 Report and Recommendation; denying 18 Motion for Certificate of Appealability filed by William W Frey. ORDERED that the petition for a writ of habeas corpus is DISMISSED with prejudice. Signed by Judge Ron Clark on 3/8/2013. (kls, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION
WILLIAM W. FREY, #1718159

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VS.

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DIRECTOR, TDCJ-CID

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CIVIL ACTION NO. 4:12cv430

ORDER OF DISMISSAL
Petitioner William W. Frey, an inmate confined in the Texas prison system, proceeding pro
se, filed this petition for a writ of habeas corpus challenging his conviction pursuant to 28 U.S.C.
§ 2254. The cause of action was referred to United States Magistrate Judge Amos L. Mazzant, who
issued a Report and Recommendation concluding that the petition was time-barred. Frey has filed
objections. He did not, however, address the conclusion that the case should be dismissed as timebarred. Instead, he merely restated his grounds for relief.
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 Frey to the Report, the Court is of the opinion that
the findings and conclusions of the Magistrate Judge are correct and Frey’s objections are without
merit. The Court specifically finds that the petition is time-barred and that a review of the grounds
for relief is unnecessary since the petition is time-barred. Therefore 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 with prejudice. It
is further
ORDERED that the motion for a certificate of appealability (docket entry #18) is DENIED.
It is finally

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ORDERED that all motions not previously ruled on are hereby DENIED.

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So ORDERED and SIGNED on March _____, 2013.

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Ron Clark
United States District Judge

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