Conner v. Director, TDCJ-CID
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, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
NICHOLAS CONNER, #1140748
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
ORDERED that the Report and Recommendation (docket entry #19) is ADOPTED. It is
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
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