Washington v. Director, TDCJ-CID

Filing 17

ORDER ADOPTING 12 Report and Recommendations, and overruling petr's objections. The petition for 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 02/04/13. cc:petr 2-04-13(mll, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION ERIC D. WASHINGTON #700414 § VS. § DIRECTOR, TDCJ-CID § CIVIL ACTION NO. 6:11CV630 ORDER OF DISMISSAL The above-entitled and numbered petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 was heretofore referred to United States Magistrate Judge Judith K. Guthrie. 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. Petitioner has filed objections. Having made a de novo review of the objections raised by Petitioner to the Report, the Court is of the opinion that the findings and conclusions of the Magistrate Judge are correct and Petitioner’s objections are without merit. Petitioner simply re-argues the positions he raised in his original response to the Magistrate Judge’s Order to Show Cause regarding the statute of limitations. Those . arguments were addressed fully in the Magistrate Judge’s Report. Petitioner’s arguments in the objections are simply conclusory. The objections are therefore overruled. It is accordingly ORDERED that Petitioner’s objections are OVERRULED and his petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 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 this 19th day of December, 2011. So ORDERED and SIGNED this 1st day of February, 2013. 1

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