Houston v. Director, TDCJ-CID

Filing 11

ORDER OF DISMISSAL ADOPTING REPORT AND RECOMMENDATIONS for 8 Report and Recommendations. ORDERED the petition for writ of habeas corpus is DISMISSED without prejudice as successive. It is further ORDERED all motions by either party not previously ruled on are hereby DENIED. Signed by Judge Amos L. Mazzant, III on 8/15/2017. (daj, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS SHERMAN DIVISION REDDIE HOUSTON VS. DIRECTOR, TDCJ-CID § § § § § CIVIL ACTION NO. 4:16cv539 ORDER OF DISMISSAL This case was referred to United States Magistrate Judge Christine A. Nowak. The Report and Recommendation of the Magistrate Judge, which contains proposed findings of fact and recommendations for the disposition of such action, has been presented for consideration. Petitioner filed objections. After reviewing the Report and Recommendation and conducting a de novo review of Petitioner’s objections, the Court concludes the findings and conclusions of the Magistrate Judge are correct, and adopts the same as the findings and conclusions of the Court. In his objections, Petitioner fails to show the Fifth Circuit has given him permission to file a successive petition; accordingly, this Court does not have subject matter jurisdiction to consider the petition. It is . therefore ORDERED the petition for writ of habeas corpus is DISMISSED without prejudice as successive. It is further ORDERED all motions by either party not previously ruled on are hereby DENIED. SIGNED this 15th day of August, 2017. ___________________________________ AMOS L. MAZZANT UNITED STATES DISTRICT JUDGE

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