McCreary v. Director, TDCJ-CID

Filing 8

ORDER OF DISMISSAL. Order adopting 5 Report and Recommendations of the Magistrate Judge. It is ORDERED tht the petition for a writ of habeas corpus is DISMISSED without prejudice for lack of subject matter jurisdiction. A certificate of appealab ility is DENIED. All motions not previously ruled on are DENIED. The Clerk is ordered to return unfiled any new petitions for a writ of habeas corpus submitted by the Petitioner regarding his conviction unless he has shown he has permission from the 5th Circuit to file it. Signed by Judge Michael H. Schneider on 5/10/2012. (leh, )

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

JODY FORD MCCREARY, #1694118

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VS.

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DIRECTOR, TDCJ-CID

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CIVIL ACTION NO. 6:12cv283

ORDER OF DISMISSAL
Petitioner Jody Ford McCreary, 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 dismissed without prejudice for lack of subject matter jurisdiction. The Petitioner has filed
objections.
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 the 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 the petition for a writ of habeas corpus is DISMISSED without prejudice
for lack of subject matter jurisdiction. A certificate of appealability is DENIED. All motions not
previously ruled on are hereby DENIED. It is finally

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ORDERED that the Clerk of Court shall return unfiled any new petitions for a writ of habeas
corpus submitted by the Petitioner regarding his conviction unless he shows that he received
permission from the Fifth Circuit to file it.
SIGNED this 10th day of May, 2012.

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MICHAEL H. SCHNEIDER
UNITED STATES DISTRICT JUDGE

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