Jones v. Dir, TDCJ

Filing 16

MEMORANDUM ORDER OVERRULING PETITIONER'S OBJECTIONS AND ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION for 4 Report and Recommendations. Signed by Judge David Folsom on 8/17/10. (mrm, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TEXARKANA DIVISION PATRICK JEROID JONES VS. DIRECTOR, TDCJ-CID CIVIL ACTION NO. 5:09cv24 MEMORANDUM ORDER OVERRULING PETITIONER'S OBJECTIONS AND ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION Petitioner Patrick Jeroid Jones, an inmate confined at the Hughes Unit, proceeding pro se, brought this petition for writ of habeas corpus pursuant to 28 U.S.C. 2254. The court referred this matter to the Honorable Earl S. Hines, United States Magistrate Judge, at Beaumont, Texas, for consideration pursuant to applicable laws and orders of this court. The Magistrate Judge recommends the petition be dismissed. The court has received and considered the Report and Recommendation of United States Magistrate Judge filed pursuant to such order, along with the record, pleadings and all available evidence. Petitioner filed objections to the magistrate judge's Report and Recommendation. The court has conducted a de novo review of the objections in relation to the pleadings and the applicable law. See FED. R. CIV. P. 72(b). After careful consideration, the court concludes petitioner's objections are without merit and should be overruled. While the delay in receiving notice of the denial of a state habeas petition and the lack of an adequate law library might, in some circumstances, warrant equitable tolling, petitioner failed to diligently pursue his 2254 habeas relief following the removal of any potential impediment. See Coleman v. Johnson, 184 F.3d 398, 403 (5th Cir. 1999), cert. denied, 529 U.S. 1057, 120 S.Ct. 1564, 146 L.Ed.2d 467 (2000); Phillips v. Donnelly, 216 F.3d 508, 511 (5th Cir. 2000). Thus, the abovestyled petition is barred by limitations. ORDER Accordingly, petitioner's objections are OVERRULED. The findings of fact and . conclusions of law of the magistrate judge are correct and the report of the magistrate judge is ADOPTED. A final judgment will be entered in this case in accordance with the magistrate judge's recommendations. SIGNED this 17th day of August, 2010. ____________________________________ DAVID FOLSOM UNITED STATES DISTRICT JUDGE 2

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