Johnson v. Betworth et al

Filing 9

ORDER ADOPTING 7 Report and Recommendations. The petition for a writ of habeas corpus is DISMISSED without prejudice for lack of jurisdiction. All motions by either party not previously ruled on are hereby denied. The Clerk of Court shall return unfiled any new petitions for a writ of habeas corpus submitted by the petr regarding his conviction unless he shows that he received permission from the Fifth Circuit to file it. Signed by Judge Leonard Davis on 01/14/09. cc:petr 1-15-09(mll, )

IN THE UNITED STATES DISTRICT COURT F O R THE EASTERN DISTRICT OF TEXAS T Y LE R DIVISION

G A R Y JOHNSON, #1054987 VS. DIRECTOR, TDCJ-CID

§ § § O R D E R OF DISMISSAL C IV IL ACTION NO. 6:08cv449

T he above-entitled and numbered civil action was heretofore referred to United States M agistrate Judge Judith K. Guthrie. The Report of the Magistrate Judge, which contains proposed fin d in gs of fact and recommendations for the disposition of such action, has been presented for co n sid eratio n , and no objections thereto having been timely filed, the Court is of the opinion that the fin d in gs and conclusions of the Magistrate Judge are correct, and adopts same as the findings and c o n c lu s io n s of the Court. It is therefore O R D E R E D that the petition for a writ of habeas corpus is DISMISSED without prejudice for lack of jurisdiction. All motions by either party not previously ruled on are hereby denied. It is finally O R D E R E D that the Clerk of Court shall return unfiled any new petitions for a writ of habeas corp us submitted by the Petitioner regarding his conviction unless he shows that he received p er m issio n from the Fifth Circuit to file it.

So ORDERED and SIGNED this 14th day of January, 2009.

__________________________________ LEONARD DAVIS UNITED STATES DISTRICT JUDGE