Burton v. Director, TDCJ-CID

Filing 22

ORDER OF DISMISSAL. Signed by District Judge Amos L. Mazzant, III on 8/26/2020. (rpc, )

Case 4:18-cv-00414-ALM-KPJ Document 22 Filed 08/26/20 Page 1 of 1 PageID #: 94

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

CHRISTOPHER SCOTT BURTON,
#05245233
VS.
DIRECTOR, TDCJ-CID

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§ CIVIL ACTION NO. 4:18cv414
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ORDER OF DISMISSAL
This case was referred to United States Magistrate Judge Kimberly C. Priest Johnson, who
issued a Report and Recommendation on July 30, 2020. (Dkt. # 19). The Magistrate Judge concluded
that Petitioner’s case should be denied because Petitioner’s sentence has been satisfied; thus, he is no
longer “in custody,” and the Court lacks subject matter jurisdiction. 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. In response to the Report and
Recommendation, Petitioner submitted a letter in which he re-urges the issues he raised in his petition.
(Dkt. # 20). The Court concludes the findings and conclusions of the Magistrate Judge are correct, and
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adopts the same as the findings and conclusions of the Court.
Accordingly, it is ORDERED the petition for writ of habeas corpus (Dkt. # 1) is DENIED,
and the case is DISMISSED with prejudice. A certificate of appealability is DENIED. It is further
ORDERED all motions by either party not previously ruled on are hereby DENIED.
SIGNED this 26th day of August, 2020.

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AMOS L. MAZZANT
UNITED STATES DISTRICT JUDGE