Conner v. Director, TDCJ-CID

Filing 24

ORDER ADOPTING REPORT AND RECOMMENDATIONS. The Report and Recommendation 19 is ADOPTED. The petition for a writ of habeas corpus is DENIED and the case isDISMISSED with prejudice. A certificate of appealability is DENIED. All motions not previously ruled on are hereby DENIED. Signed by Judge Michael H. Schneider on 07/28/15. (mll, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION NICHOLAS CONNER, #1140748 § VS. § DIRECTOR, TDCJ-CID § CIVIL ACTION NO. 6:14cv807 ORDER OF DISMISSAL Petitioner Nicholas Conner, an inmate confined at the Polunsky Unit of the Texas prison system, proceeding pro se, filed the above-styled and numbered petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. 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. Petitioner has filed objections. The state court records submitted in this case clearly support the conclusion that the petition is time-barred. Petitioner has not submitted any documentation supporting his allegations that he filed additional documents which would save his case from being dismissed as time-barred. He has offered nothing other than conclusory allegations and bald assertions, which are insufficient to support a petition for a writ of habeas corpus. See Miller v. Johnson, 200 F.3d 274, 282 (5th Cir. 2000); Koch v. Puckett, 907 F.2d 524, 530 (5th Cir. 1990); Ross v. Estelle, 694 F.2d 1008, 1011 (5th Cir. 1983). 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 made a de novo review of the objections raised by Petitioner to the Report, the Court is of the opinion that the findings and conclusions of the Magistrate Judge are correct and the objections of Petitioner are without merit. Therefore the Court hereby adopts the findings and conclusions of the Magistrate Judge as the findings and conclusions of the Court. It is accordingly 1 . ORDERED that the Report and Recommendation (docket entry #19) is ADOPTED. It is further 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. It is finally ORDERED that all motions not previously ruled on are hereby DENIED. It is SO ORDERED. SIGNED this 28th day of July, 2015. ____________________________________ MICHAEL H. SCHNEIDER UNITED STATES DISTRICT JUDGE 2

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