Dennie v. Director, TDCJ-CID

Filing 7

ORDER ADOPTING 4 Report and Recommendations. The petition for a writ of habeas corpus is DISMISSED without prejudice for failure to exhaust state habeas corpus remedies. A certificate of appealability is DENIED. All motions not previously ruled on are hereby DENIED. Signed by Judge Leonard Davis on 10/12/11. cc:petr 10-13-11(mll, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION WILLIAM DAVID DENNIE, #1444462 § VS. § DIRECTOR, TDCJ-CID § CIVIL ACTION NO. 6:11cv459 ORDER OF DISMISSAL The above-entitled 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 for failure to exhaust state habeas corpus remedies. 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 failure to exhaust state habeas corpus remedies. A certificate of appealability is DENIED. It is finally ORDERED that all motions not previously ruled on are hereby DENIED. So ORDERED and SIGNED this 12th day of October, 2011. __________________________________ LEONARD DAVIS UNITED STATES DISTRICT JUDGE

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