Manuel v. Thaler, Director TDCJ-CID

Filing 22

ORDER OF DISMISSAL AND ORDER ADOPTING REPORT AND RECOMMENDATIONS for 21 Report and Recommendations, 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. All motions not previously ruled on are hereby DENIED. (klc, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
HARMON LEE MANUEL, II #01645658

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VS.

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DIRECTOR, TDCJ-CID

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CIVIL ACTION NO. 6:12cv880

ORDER OF DISMISSAL
Petitioner Harmon Lee Manuel, II, an inmate confined in the Texas prison system, proceeding
pro se, filed the above-styled and numbered petition for a writ of habeas corpus challenging his Smith
County conviction for four counts of stalking. Petitioner pled “not guilty”, but was convicted after a
bench trial and sentenced by the trial court to six years’ imprisonment. See 2 CR at 112, 125; 7 RR 168.
The petition was referred to United States Magistrate Judge John D. Love, who issued a Report and
Recommendation which was docketed on March 9, 2016, concluding that the petition for a writ of
habeas corpus should be dismissed with prejudice. Petitioner is represented by retained counsel. No
objections from either party have been received.
The Report of the Magistrate Judge, which contains 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 to the Report, the Court is of the
opinion that the findings and conclusions of the Magistrate Judge are correct. Therefore 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 DENIED and the case is

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DISMISSED with prejudice. A certificate of appealability is DENIED. All motions not previously
ruled on are hereby DENIED.
SIGNED this 24th day of March, 2016.

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MICHAEL H. SCHNEIDER
UNITED STATES DISTRICT JUDGE

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