Tucker v. Director, TDCJ-CID

Filing 19

ORDER OF DISMISSAL ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE for 15 Report and Recommendations. ORDERED that the petitions for writ of habeas corpus are DENIED and Petitioner's cases are 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 2/21/2019. (daj, )

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

BRIAN ALLEN TUCKER, #1847045
VS.
DIRECTOR, TDCJ-CID

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§ CIVIL ACTION NOS. 4:18cv324, 4:18cv800
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ORDER OF DISMISSAL
The above-named and numbered cases were referred to United States Magistrate Judge
Christine A. Nowak, who issued a Report and Recommendation recommending that the petitions
be denied and dismissed with prejudice because they are 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 petitions for writ of habeas corpus are DENIED and Petitioner’s cases
are 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 21st day of February, 2019.

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RICHARD A. SCHELL
UNITED STATES DISTRICT JUDGE