Shirley v. Director, TDCJ-CID

Filing 9

ORDER OF DISMISSAL ADOPTING 5 REPORT AND RECOMMENDATION. It is accordingly ORDERED that the petition is DENIED without prejudice. It is further ORDERED that all motions not previously ruled on are hereby DENIED. Signed by Judge Amos L. Mazzant, III on 2/9/2017. (daj, )

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

CHARLES ELLIS SHIRLEY, #2071816
VS.
WARDEN, CHOICE MOORE UNIT

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CIVIL ACTION NO. 4:16cv847

ORDER OF DISMISSAL
The above-entitled and numbered civil action was referred to United States Magistrate Judge
Kimberly C. Priest Johnson, who issued a Report and Recommendation concluding that the petition should
be dismissed without prejudice for lack of jurisdiction. 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
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and conclusions of the Magistrate Judge are correct. Thus, the Court adopts the findings and conclusions
of the Magistrate Judge as the findings and conclusions of the Court.
It is accordingly ORDERED that the petition is DENIED without prejudice.
It is further ORDERED that all motions not previously ruled on are hereby DENIED.
SIGNED this 9th day of February, 2017.

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AMOS L. MAZZANT
UNITED STATES DISTRICT JUDGE