Miller v. Director TDCJ-CID

Filing 23

ORDER granting 22 Motion to construe petr's reply to the Director's answer as objections to the Report & Recommendations; and adopting 19 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 not previously ruled on are DENIED. Signed by Judge Michael H. Schneider on 07/25/12. cc:petr & resp 7-26-12(mll, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION

CHARLES WAYNE MILLER, #1525390

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VS.

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DIRECTOR, TDCJ-CID

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CIVIL ACTION NO. 6:11cv645

ORDER OF DISMISSAL
Petitioner Charles Wayne Miller, a prisoner confined in the Texas prison system, proceeding
pro se, filed the above-styled and numbered petition for a writ of habeas corpus pursuant to 28
U.S.C. § 2254. The petition was referred to United States Magistrate Judge John D. Love, who
issued a Report and Recommendation concluding that the petition for a writ of habeas corpus should
be denied. Petitioner subsequently filed a reply to the Director’s answer and a request that the reply
be construed as objections. The request shall be granted.
The Report and Recommendation of the Magistrate Judge, which contain his 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 Petitioner, the Court
is of the opinion that the findings and conclusions of the Magistrate Judge are correct. Thus 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 Petitioner’s motion to construed his reply to the Director’s answer as
objections (docket entry #22) is GRANTED. It is further

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ORDERED that the Report and Recommendation (docket entry #19) is ADOPTED. It is

further
ORDERED that the petition for a writ of habeas corpus is DENIED and the case is
DISMISSED with prejudice. A certificate of appealability is DENIED. It is finally
ORDERED that all motions not previously ruled on are DENIED.
It is SO ORDERED.
SIGNED this 25th day of July, 2012.

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MICHAEL H. SCHNEIDER
UNITED STATES DISTRICT JUDGE

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