Sims v. Director, TDCJ-CID

Filing 18

ORDER ADOPTING REPORT AND RECOMMENDATIONS. The petition for a writ of habeas corpus is DENIED and the case is DISMISSED without prejudice. Petitioner's request contained in his Objection to the Report and Recommendation for a copy of his federa l petition is GRANTED. The Clerk's office is hereby directed to mail Petitioner a copy of his federal petition 1 . A certificate of appealability is DENIED. All motions not previously ruled on are hereby DENIED. Signed by Judge Michael H. Schneider on 01/26/16. (mll, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION

DANNY J. SIMS, JR.

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VS.

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DIRECTOR, TDCJ-CID

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CIVIL ACTION NO. 6:14cv781

ORDER OF DISMISSAL
Petitioner Danny J. Sims, Jr., 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 Fannin
county conviction for

felony DWI.

On June 14, 2010,

he was sentenced to 8 years’

imprisonment for this conviction. There was no appeal from this conviction. The petition was
assigned to United States Magistrate Judge John D. Love,

who issued a Report and

Recommendation concluding that the petition for a writ of habeas corpus should be dismissed
without prejudice for the Petitioner’s failure to prosecute the case.
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 # 15. Petitioner has
filed what is styled as an objection. The objection, however, is a request that he receive a copy of
his federal petition because his copy was taken from him during a prison-wide lock-down. See
Petitioner’s Objection to the Report and Recommendation at 2 (docket entry #16).
The Report of the Magistrate Judge, which contains his proposed findings of fact and
recommendations for the disposition of such action, has been presented for consideration, and having

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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
.

ORDERED that the petition for a writ of habeas corpus is DENIED and the case is
DISMISSED without prejudice. It is further
ORDERED that the Petitioner’s request contained in his Objection to the Report and
Recommendation for a copy of his federal petition is GRANTED. The Clerk’s office is hereby
directed to mail Petitioner a copy of his federal petition (docket entry #1). A certificate of
appealability is DENIED. All motions not previously ruled on are hereby DENIED.
SIGNED this 26th day of January, 2016.

____________________________________
MICHAEL H. SCHNEIDER
UNITED STATES DISTRICT JUDGE

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