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, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION JODY FORD MCCREARY, #1694118 § VS. § DIRECTOR, TDCJ-CID § 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 1 . 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. ____________________________________ MICHAEL H. SCHNEIDER UNITED STATES DISTRICT JUDGE 2

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