Greenlee v. Director, TDCJ-CID

Filing 21

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE for 19 Report and Recommendations. ORDERED that the petition for a writ of habeas corpus is DENIED and DISMISSED with prejudice. In addition, as the Magistrate Judge concluded, a certificate of appealability should not issue and is DENIED. Finally, it is ORDERED that all other motions not previously ruled on are 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 BARRY SCOTT GREENLEE § § § § § VS. DIRECTOR, TDCJ-CID CIVIL ACTION NO. 4:14cv87 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 the United States Magistrate Judge, which contains proposed findings of fact, conclusions of law and a recommendation for the denial of this action, has been presented for consideration. No objections were filed. After reviewing the Report and Recommendation, 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 a writ of habeas corpus is DENIED and DISMISSED with prejudice. In addition, as the Magistrate Judge concluded, a certificate of appealability should not issue and is DENIED. Finally, it is ORDERED that all other motions not previously ruled on are DENIED. IT IS SO ORDERED. . SIGNED this the 22nd day of March, 2017. _______________________________ RICHARD A. SCHELL UNITED STATES DISTRICT JUDGE

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