Fountain v. Ramirez

Filing 23

ORDER OF DISMISSAL ADOPTING REPORT AND RECOMMENDATIONS for 20 Report and Recommendations. ORDERED that the petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254 is DENIED and the case is DISMISSED with prejudice. A certificate of appealability is DENIED. All other motions not previously ruled on are hereby DENIED. Signed by District Judge Richard A. Schell on 11/8/2018. (daj, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION
TONY RAY FOUNTAIN, #01562085

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VS.

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DIRECTOR, TDCJ-CID

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CIVIL ACTION NO. 4:17cv246

ORDER OF DISMISSAL
Petitioner Tony Ray Fountain, a prisoner confined in the Texas prison system, filed the abovestyled and numbered petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The case was
referred to United States Magistrate Judge Christine A. Nowak, who issued a Report and
Recommendation concluding that the petition should be denied. 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. It is accordingly
ORDERED that the petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254 is
DENIED and the case is DISMISSED with prejudice. A certificate of appealability is DENIED. All
other motions not previously ruled on are hereby DENIED.

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SIGNED this the 8th day of November, 2018.

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RICHARD A. SCHELL
UNITED STATES DISTRICT JUDGE