Jones v. Director, TDCJ-CID

Filing 12

ORDER ADOPTING REPORT AND RECOMMENDATIONS. The petition for a writ of habeas corpus is DISMISSED without prejudice for lack of subject matter jurisdiction. A certificate of appealability is DENIED. The Clerk of Court shall return unfiled any new pet itions for a writ of habeas corpus submitted by the Petitioner regarding his conviction unless he shows that he has received permission from the Fifth Circuit to file it. All motions not previously ruled on are DENIED. Signed by Judge Leonard Davis on 12/04/14. (mll, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION JIMMY DEMETRIUS JONES, #779904 § VS. § DIRECTOR, TDCJ-CID § CIVIL ACTION NO. 6:14cv749 ORDER OF DISMISSAL The above-entitled and numbered civil action was heretofore referred to United States Magistrate Judge K. Nicole Mitchell. The Report 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. It is therefore ORDERED that the petition for a writ of habeas corpus is DISMISSED without prejudice for lack of subject matter jurisdiction. It is further ORDERED that a certificate of appealability is DENIED. It is further ORDERED that the Clerk of Court shall return unfiled any new petitions for a writ of habeas corpus submitted by the Petitioner regarding his conviction unless he shows that he has received permission from the Fifth Circuit to file it. It is finally ORDERED that all motions not previously ruled on are DENIED. So ORDERED and SIGNED this 4th day of December, 2014. __________________________________ LEONARD DAVIS UNITED STATES DISTRICT JUDGE 2

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