Capps v. Director, TDCJ-CID

Filing 39

ORDER ADOPTING REPORT AND RECOMMENDATIONS. The Report and Recommendation 35 is ADOPTED. 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 DENIED. Signed by Judge Michael H. Schneider on 08/03/15. (mll, )

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

BENJAMIN CAPPS, #1717573

§

VS.

§

DIRECTOR, TDCJ-CID

§

CIVIL ACTION NO. 6:14cv877

ORDER OF DISMISSAL
Petitioner Benjamin Capps, a prisoner confined in 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
challenging his Gregg County conviction for felony driving while intoxicated. The petition was
referred to United States Magistrate Judge John D. Love, who issued a Report and Recommendation
concluding that the petition should be denied. The Petitioner has filed objections.
The Report and Recommendation of the Magistrate Judge, which contain his 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, the Court is of the opinion
that the findings and conclusions of the Magistrate Judge are correct. The Court thus 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 #35) is ADOPTED. It is
further
ORDERED that the petition for a writ of habeas corpus is DENIED and the case is
DISMISSED with prejudice. It is further
1

.

ORDERED that a certificate of appealability is DENIED. It is finally
ORDERED that all motions not previously ruled on are DENIED.
It is SO ORDERED.
SIGNED this 3rd day of August, 2015.

____________________________________
MICHAEL H. SCHNEIDER
UNITED STATES DISTRICT JUDGE

2