Toliver v. Director TDCJ-ID
Filing
19
ORDER OF DISMISSAL ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE for 14 Report and Recommendation. ORDERED that the petition for a writ of habeas corpus is DENIED and the case is DISMISSED with prejudice. A certificate of appealability is DENIED. All motions not previously ruled on are hereby DENIED. Signed by Judge Amos L. Mazzant, III on 4/13/2015. (kls, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION
ANDREW TOLIVER, #1715875
§
VS.
§
DIRECTOR, TDCJ-CID
§
CIVIL ACTION NO. 4:14cv42
ORDER OF DISMISSAL
Petitioner Andrew Toliver, 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 Don D. Bush, who issued a Report
and Recommendation concluding that the petition lacks merit and 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 Petitioner’s
.
objections are without merit. 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 DENIED and the case is
DISMISSED with prejudice. A certificate of appealability is DENIED. All motions not previously
ruled on are hereby DENIED.
SIGNED this 13th day of April, 2015.
___________________________________
AMOS L. MAZZANT
UNITED STATES DISTRICT JUDGE
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