Lively v. Director, TDCJ-CID

Filing 17

ORDER ADOPTING REPORT AND RECOMMENDATIONS. Petitioner's petition for writ of habeas corpus is DENIED and the above-entitled and numbered cause of action is DISMISSED WITH PREJUDICE. A certificate of appealability is DENIED. All motions by either party not previously ruled on are DENIED. Signed by Judge Michael H. Schneider on 09/04/14. (mll, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
CARL LEONARD LIVELY, #575490,
Petitioner,
v.
DIRECTOR, TDCJ-CID,
Respondent.

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Civil Action No. 6:11cv370

ORDER OF DISMISSAL
The above-entitled and numbered civil action was heretofore referred to United States
Magistrate Judge K. Nicole Mitchell. 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, and no objections thereto having been timely filed, the Court is of the
opinion that the findings and conclusions of the Magistrate Judge are correct, and adopts same as
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the findings and conclusions of the Court. Therefore,
IT IS HEREBY ORDERED that Petitioner’s petition for writ of habeas corpus pursuant
to 28 U.S.C. § 2254 is DENIED and the above-entitled and numbered cause of action is
DISMISSED WITH PREJUDICE. A certificate of appealability is DENIED. All motions by
either party not previously ruled on are DENIED.
It is SO ORDERED.
SIGNED this 4th day of September, 2014.

____________________________________
MICHAEL H. SCHNEIDER
UNITED STATES DISTRICT JUDGE
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