Luper v. Director, TDCJ-CID

Filing 19

ORDER OF DIMISSAL ADOPTING REPORT AND RECOMMENDATIONS for 8 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. It is further ORDERED that all motions not previously ruled on are hereby DENIED. Signed by Judge Amos L. Mazzant, III on 2/7/2017. (daj, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION

CHRISTOPHER ALAN LUPER, #1879581
VS.
DIRECTOR, TDCJ-CID

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CIVIL ACTION NO. 4:16cv365

ORDER OF DISMISSAL
The above-entitled and numbered civil action was referred to United States Magistrate Judge Don
D. Bush, who issued a Report and Recommendation concluding that the petition for a writ of habeas corpus
should be dismissed with prejudice as untimely filed. Petitioner filed objections.
The Report of the Magistrate Judge, which contains proposed findings of fact and
recommendations for the disposition of such action, has been presented for consideration. Having made
a de novo review of the objections raised by Petitioner to the Report, the Court concludes that the findings
and conclusions of the Magistrate Judge are correct. Petitioner fails to show he timely filed his petition or
that equitable tolling is warranted. Thus, the Court adopts the findings and conclusions of the Magistrate

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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. It is further
ORDERED that all motions not previously ruled on are hereby DENIED.

SIGNED this 7th day of February, 2017.

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AMOS L. MAZZANT
UNITED STATES DISTRICT JUDGE