Johnson v. Director, TDCJ-CID

Filing 10

ORDER ADOPTING 5 Report and Recommendations. The petition for writ of habeas corpus is DISMISSED without prejudice for lack of subject matter jurisdiction. A certificate of appealability is DENIED. The Clerk shall return unfiled any new petitions f or a writ of habeas corpus regarding his burglary conviction unless he shows that he has received permission from the Fifth Circuit to file it. All motions not previously ruled on are hereby DENIED. Signed by Judge Leonard Davis on 10/25/10. cc:petr 10-26-10(mll, )

-JKG Johnson v. Director, TDCJ-CID

Doc. 10

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION RICHARD J. JOHNSON, #1005689 VS. DIRECTOR, TDCJ-CID § § § ORDER OF DISMISSAL The above-styled and numbered civil action was heretofore referred to United States Magistrate Judge Judith K. Guthrie, who issued a Report and Recommendation concluding that the petition for a writ of habeas corpus should be dismissed because the Petitioner did not show that he had received permission from the Fifth Circuit to file a successive petition. The Petitioner has filed objections. The Report of the Magistrate Judge, which contains her proposed findings of fact and recommendations for the disposition of such action, has been presented for consideration, and having made a de novo review of the objections raised by the Petitioner to the Report, the Court is of the opinion that the findings and conclusions of the Magistrate Judge are correct and the objections of the Petitioner are without merit. Therefore the Court hereby adopts the findings and conclusions of the Magistrate Judge as the findings and conclusions of the Court. It is accordingly ORDERED that the petition for a writ of habeas corpus is DISMISSED without prejudice for lack of subject matter jurisdiction. It is further ORDERED that a certificate of appealability is DENIED. It is further ORDERED that the Clerk of Court shall return unfiled any new petitions for a writ of habeas corpus regarding his burglary conviction unless he shows that he has received permission from the Fifth Circuit to file it. It is finally CIVIL ACTION NO. 6:10cv497

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ORDERED that all motions not previously ruled on are hereby DENIED.

So ORDERED and SIGNED this 25th day of October, 2010.

__________________________________ LEONARD DAVIS UNITED STATES DISTRICT JUDGE

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