Landrum v. Director - Texas Department of Criminal Justice, Correctional Institutions Division
Filing
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ORDER ADOPTING 17 Report and Recommendations. The petition for a writ of habeas corpus 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 11/05/12. cc:attys 11-05-12(mll, )
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IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
JOHN NELSON LANDRUM, #1501266
§
VS.
§
DIRECTOR, TDCJ-CID
§
CIVIL ACTION NO. 6:12cv437
ORDER OF DISMISSAL
Petitioner John Nelson Landrum, 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 for failure to exhaust state remedies and as time-barred. 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 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 Report and Recommendation (docket entry #17) is ADOPTED. It is
further
ORDERED that the petition for a writ of habeas corpus is DISMISSED with prejudice. It is
further
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.
ORDERED that 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 5th day of November, 2012.
____________________________________
MICHAEL H. SCHNEIDER
UNITED STATES DISTRICT JUDGE
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