Wallace v. Director, TDCJ-CID

Filing 35

ORDER OF DISMISSAL ADOPTING 26 REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE. ORDERED that the petition for writ of habeas corpus is DENIED and Petitioner's 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 District Judge Richard A. Schell on 3/14/2019. (daj, )

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

JOHN PATRICK WALLACE, #1621931
VS.
DIRECTOR, TDCJ-CID

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CIVIL ACTION NO. 4:17cv511

ORDER OF DISMISSAL
The above-named and numbered case was referred to United States Magistrate Judge
Christine A. Nowak, who issued a Report and Recommendation recommending that the petition be
denied and dismissed with prejudice because it is time-barred. Petitioner filed objections.
Having made a de novo review, the court concludes that the findings and conclusions of the
Magistrate Judge are correct, and the objections of Petitioner are without merit. Petitioner fails to
show that the Report and Recommendation is in error or that he is entitled to equitable tolling.
Accordingly, the court hereby adopts the findings and conclusions of the Magistrate Judge as the
findings and conclusions of the court. It is
ORDERED that the petition for writ of habeas corpus is DENIED and Petitioner’s 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.

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SIGNED this the 14th day of March, 2019.

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RICHARD A. SCHELL
UNITED STATES DISTRICT JUDGE