Barnett v. Director, TDCJ-CID

Filing 78

ORDER OF DISMISSAL adopting 72 Report and Recommendation. Accordingly, it is ORDERED that the Petition for 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 District Judge Richard A. Schell on 9/29/2019. (daj, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS SHERMAN DIVISION RANDY DALE BARNETT § § § § § VS. DIRECTOR, TDCJ-CID CIVIL ACTION NO. 4:14cv53 ORDER OF DISMISSAL The above-entitled and numbered civil action was referred to United States Magistrate Judge Kimberly C. Priest Johnson, who issued a Report and Recommendation concluding that the Petition for Writ of Habeas Corpus filed pursuant to 28 U.S.C. § 2254 should be denied. Petitioner filed objections. The Report of the Magistrate Judge, which contains her 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, the court is of the opinion that the findings and conclusions of the Magistrate Judge are correct and the 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. Accordingly, it is ORDERED that the Petition for 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 the 29th day of September, 2019. _______________________________ RICHARD A. SCHELL UNITED STATES DISTRICT JUDGE

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