Cappiello v. Director, TDCJ-CID

Filing 5

ORDER OF DISMISSAL, ADOPTING REPORT AND RECOMMENDATION IN LEAD CASE, 4:19cv264. ORDERED the petition for a writ of habeas corpus is DENIED and the 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 Amos L. Mazzant, III on 9/19/2022. (kls, )

Case 4:22-cv-00078-ALM-CAN Document 5 Filed 09/19/22 Page 1 of 2 PageID #: 71

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION
CHAD ALAN CAPPIELLO, #2262766
VS.
DIRECTOR, TDCJ-CID

§
§
§
§
§

CIVIL ACTION NO. 4:19cv264
consolidated with 4:22cv78

ORDER OF DISMISSAL
The above-entitled and numbered civil action was referred to United States Magistrate
Judge Christine A. Nowak, who issued a Report and Recommendation concluding that the petition
for writ of habeas corpus should be denied and dismissed with prejudice. Petitioner filed
objections.
In the objections, Petitioner reurges the claims that he raised in his 28 U.S.C. § 2254
petition. Despite his arguments, Petitioner fails to show that that the evidence was insufficient to
support his theft convictions. He also fails to show that he is entitled to relief based on the
admission of extraneous offense evidence. Additionally, Petitioner fails to show that trial counsel
and appellate were ineffective. Furthermore, issues raised for the first time in Petitioner’s
objections are not properly before the court and need not be addressed. See Finley v. Johnson, 243
F.3d 215, 218 n.3 (5th Cir.2001) (citing United States v. Armstrong, 951 F.2d 626, 630 (5th Cir.
1992)); Cupit v. Whitely, 28 F.3d 532, 535 n.5 (5th Cir. 1994). Petitioner fails to show the Report
and Recommendation is in error or that he is entitled to habeas relief.
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 and conclusions of the Magistrate Judge are correct. Therefore, the Court hereby

Case 4:22-cv-00078-ALM-CAN Document 5 Filed 09/19/22 Page 2 of 2 PageID #: 72

adopts the findings and conclusions of the Magistrate Judge as the findings and conclusions of the
. Court.
It is accordingly ORDERED the petition for a writ of habeas corpus is DENIED and the
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 this 19th day of September, 2022.

___________________________________
AMOS L. MAZZANT
UNITED STATES DISTRICT JUDGE

2