Shelby v. Director, TDCJ-CID

Filing 23

ORDER OF DISMISSAL ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE for 17 Report and Recommendation. ORDERED that the petition for a writ of habeas corpus is DENIED and the case is DISMISSED with prejudice. It is further ORDERED that a certificate of appealability is DENIED. It is finally ORDERED that all motions not previously ruled on are hereby DENIED. Signed by Judge Amos L. Mazzant, III on 4/20/2015. (kls, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION
DONALD GENE SHELBY, #1839844

§

VS.

§

DIRECTOR, TDCJ-CID

§

CIVIL ACTION NO. 4:14cv802

ORDER OF DISMISSAL
Petitioner Donald Gene Shelby, an inmate confined in the Texas prison system, proceeding
pro se, filed the above-styled and numbered petition for a writ of habeas corpus challenging his
Fannin County felony driving while intoxicated 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 is time-barred. 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. It is specifically noted that his objections erroneously
focused on the deference that must be accorded to state court decisions on the merits under 28
U.S.C. § 2254(d), as opposed to the statute of limitations as provided by 28 U.S.C. § 2244(d). He
has not shown that the petition should not be dismissed as 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 DENIED and the case is
DISMISSED with prejudice. It is further
1

.

ORDERED that a certificate of appealability is DENIED. It is finally
ORDERED that all motions not previously ruled on are hereby DENIED.

SIGNED this 20th day of April, 2015.

___________________________________
AMOS L. MAZZANT
UNITED STATES DISTRICT JUDGE

2