Walter v. Director, TDCJ-CID

Filing 15

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 8 Report and Recommendations AND DISMISSING CASE. The petition for a writ of habeas corpus is denied and the case is dismissed with prejudice. All motions not previously ruled on are denied. Signed by Judge Michael H. Schneider on 2/28/14. (mjc, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
STEPHON WALTER, #1268602

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VS.

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DIRECTOR, TDCJ-CID

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CIVIL ACTION NO. 6:13cv895

ORDER OF DISMISSAL
The above-styled and numbered civil action was heretofore referred to United States
Magistrate Judge John D. Love. The Report and Recommendation of the Magistrate Judge, which
contains proposed findings of fact and recommendations for the disposition of such action, has been
presented for consideration, and no objections thereto having been timely filed, the Court is of the
opinion that the findings and conclusions of the Magistrate Judge are correct and adopts same as the
findings and conclusions of the Court.
The Court notes that the Petitioner filed an amended petition after the Report and
Recommendation was issued. He added new grounds for relief. Nonetheless, as was explained in
the Report and Recommendation, the Petitioner does not have a protected liberty interest in this case
in order to trigger the protection of the Constitution. There is no basis for federal habeas corpus
relief in the absence of a protected liberty interest. Malchi v. Thaler, 211 F.3d 953, 957 (5th Cir.
2000). The addition of the new grounds for relief does not save the petition. Magistrate Judge Love
correctly concluded that there is no basis for federal habeas corpus relief due to the absence of a
constitutionally protected liberty interest. It is therefore
ORDERED that the Report and Recommendation (docket entry #8) is ADOPTED. It is
further
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ORDERED that the petition for a writ of habeas corpus is DENIED and the case is
DISMISSED with prejudice. All motions not previously ruled on are DENIED.
It is SO ORDERED.
SIGNED this 28th day of February, 2014.

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MICHAEL H. SCHNEIDER
UNITED STATES DISTRICT JUDGE

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