McDaniel v. Stephens Director TDCJ-CID

Filing 14

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE for 12 Report and Recommendations. ORDERED that the petition for writ of habeas corpus is DENIED. A certificate of appealability is also DENIED. Finally, all motions by either party not previously ruled on are hereby DENIED. Signed by Judge Richard A. Schell on 3/22/2017. (daj, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS SHERMAN DIVISION MARK ALLEN MCDANIEL VS. DIRECTOR, TDCJ-CID § § § § § CIVIL ACTION NO. 4:13cv586 MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE The above-entitled and numbered petition for writ of habeas corpus filed pursuant to 28 U.S.C. § 2254 was referred to United States Magistrate Judge Kimberly C. Priest Johnson. The Report and Recommendation of United States Magistrate Judge, which contains proposed findings of fact, conclusions of law and recommendations for the dismissal of this action, has been presented for consideration. No objections were filed. The court concludes 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 writ of habeas corpus is DENIED. A certificate of appealability is also DENIED. Finally, all motions by either party not previously ruled on are hereby DENIED. . SIGNED this the 22nd day of March, 2017. _______________________________ RICHARD A. SCHELL UNITED STATES DISTRICT JUDGE

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