Dotson v. Foxworth

Filing 25

ORDER ADOPTING REPORT AND RECOMMENDATIONS. 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. Signed by Judge Michael H. Schneider on 06/06/16. (mll, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION BRUCE DARNELL DOTSON, II § v. § UNITED STATES OF AMERICA § CIVIL ACTION NO. 6:14cv060 ORDER OF DISMISSAL Petitioner Bruce Darnell Dotson, 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 a disciplinary case that arose during his incarceration. 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 because Petitioner concedes that he is not eligible for mandatory supervised release, Petition at 6, ¶ 16. Petitioner, therefore, is not entitled to federal habeas corpus relief with respect to the disciplinary case. The Magistrate Judge recommended that relief should be denied and the case should be dismissed with prejudice. Neither party has filed objections to the Report and Recommendation. 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 in light of the . fact that no objections by either party have been filed, 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 DISMISSED with prejudice. A certificate of appealability is DENIED. All motions not previously ruled on are hereby DENIED. SO ORDERED SIGNED this 6th day of June, 2016. ____________________________________ MICHAEL H. SCHNEIDER UNITED STATES DISTRICT JUDGE

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