Ross v. Director, TDCJ-CID

Filing 15

ORDER ADOPTING 11 Report and Recommendations. The petition for a writ of habeas corpus is DENIED and the case is DISMISSED with prejudice. A certificate of appealability is DENIED. All motions by either party not previously ruled on are hereby DENIED. Signed by Judge Leonard Davis on 09/28/10. cc:petr 9-29-10(mll, )

Ross v. Director, TDCJ-CID

Doc. 15

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

H . J. ROSS, #1064882 VS. DIRECTOR, TDCJ-CID

§ § § O R D E R OF DISMISSAL C IV IL ACTION NO. 6:10cv319

T h e above-styled and numbered civil action was heretofore referred to United States Magistrate Ju d ge Judith K. Guthrie, who issued a Report and Recommendation concluding that the petition for a writ of habeas corpus should be denied. The Petitioner has filed two responses (docket entry nos. 1 3 and 14), which are construed as objections. The Report of the Magistrate Judge, which contains her proposed findings of fact and reco m m en d atio n s for the disposition of such action, has been presented for consideration, and having m ad e a de novo review of the objections raised by the Petitioner to the Report, the Court is of the o p in io n that the findings and conclusions of the Magistrate Judge are correct and the objections of the P etitio n er are without merit. Therefore the Court hereby adopts the findings and conclusions of the M agistrate Judge as the findings and conclusions of the Court. It is accordingly O R D E R E D that the petition for a writ of habeas corpus is DENIED and the case is D IS M IS S E D with prejudice. A certificate of appealability is DENIED. All motions by either party n o t previously ruled on are hereby denied.

So ORDERED and SIGNED this 28th day of September, 2010.

__________________________________ LEONARD DAVIS UNITED STATES DISTRICT JUDGE
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