Thurston v. Director, TDCJ-CID

Filing 15

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 12/02/15. (mll, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
PATRIC CODI THURSTON,

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VS.

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DIRECTOR, TDCJ-CID

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CIVIL ACTION NO. 6:14cv731

ORDER OF DISMISSAL
Petitioner Patric Codi Thurston, 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
conviction for burglary of a habitation, pursuant to the judgment and sentence of the 7th Judicial
District Court of Smith County, Texas. 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 Report and Recommendation was sent to the Petitioner, and an acknowledgment of his
receipt of this document was entered by the Clerk’s office. See Docket Entry # 14. There have been
no objections filed by either party 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 having
received no objections 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
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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.
SIGNED this 2nd day of December, 2015.

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MICHAEL H. SCHNEIDER
UNITED STATES DISTRICT JUDGE

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