Johnson v. State of Texas

Filing 61

ORDER OF DISMISSAL ADOPTING REPORT AND RECOMMENDATIONS for 49 Report and Recommendations. 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 Richard A. Schell on 3/22/2017. (daj, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION
DIETRICK LEWIS JOHNSON, SR.
VS.
DIRECTOR, TDCJ-CID

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CIVIL ACTION NO. 4:16cv141

ORDER OF DISMISSAL
Petitioner Dietrick Lewis Johnson, Sr., an inmate confined at F.C.I. Beaumont, proceeding pro
se, brings this petition for a writ of habeas corpus challenging his Collin County convictions. The cause
of action was referred to United States Magistrate Judge Kimberly C. Priest Johnson, who issued a
Report and Recommendation concluding that the petition lacks merit. Petitioner has 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 Petitioner to the Report, the Court is of the opinion
that the findings and conclusions of the Magistrate Judge are correct and 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.
Accordingly, it is 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.

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SIGNED this the 22nd day of March, 2017.

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RICHARD A. SCHELL
UNITED STATES DISTRICT JUDGE