Hack v. Director, TDCJ-CID

Filing 19

ORDER ADOPTING REPORT AND RECOMMENDATIONS. The Director's motion to dismiss 12 is GRANTED. The petition for a writ of habeas corpus is DENIED and the case is DISMISSED with prejudice as time-barred. A certificate of appealability is DENIED. All motions not previously ruled on are DENIED. Signed by Judge Leonard Davis on 12/15/14. (mll, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
PATRICK TAVIN HACK, #1435062

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VS.

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DIRECTOR, TDCJ-CID

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CIVIL ACTION NO. 6:13cv680

ORDER OF DISMISSAL
Petitioner Patrick Tavin Hack, 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 sexual assault of a child (four counts). The petition was referred to
United States Magistrate Judge K. Nicole Mitchell, who issued a Report and Recommendation
concluding that the petition for a writ of habeas corpus should be dismissed as time-barred.
The Petitioner has filed objections. He argues that his petition should not be dismissed as
time-barred because of the doctrine of equitable tolling and because he is actually innocent. He did
not, however, show how either concept applies with respect to his conviction. Instead, most of his
discussion focused on the anti-retroactivity doctrine announced by the Supreme Court in Teague v.
Lane, 489 U.S. 288 (1989). He did not show that his petition should not be dismissed as timebarred.
The Report of the Magistrate Judge, which contains her 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 and the objections of
the Petitioner are without merit. 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 Director’s motion to dismiss (docket entry #12) is GRANTED. It is
further

ORDERED that the petition for a writ of habeas corpus is DENIED and the case is
DISMISSED with prejudice as time-barred. A certificate of appealability is DENIED. All motions
not previously ruled on are DENIED.
So ORDERED and SIGNED this 15th day of December, 2014.

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LEONARD DAVIS
UNITED STATES DISTRICT JUDGE

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