Pate v. DIRECTOR, TDCJ-ID

Filing 18

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 14 Report and Recommendations of the U S Magistrate Judge. ORDERED that the petition for a writ of habeas corpus is DENIED and the case is DISMISSED with prejudice. Signed by Judge Michael H. Schneider on 7/30/2015. (gsg)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
DAVID PATE, #1969113

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VS.

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DIRECTOR, TDCJ-CID

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CIVIL ACTION NO. 6:15cv275

ORDER OF DISMISSAL
Petitioner David Pate, 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 Smith
County conviction for possession of a controlled substance. The petition was referred to United
States Magistrate Judge K. Nicole Mitchell, who issued a Report and Recommendation concluding
that the petition should be denied. Petitioner has filed objections.
The record in this case makes it abundantly clear that Petitioner entered a guilty plea
knowingly, voluntarily and intelligently; thus, it will be upheld. Montoya v. Johnson, 226 F.3d 399,
405 (5th Cir. 2000). By entering a knowing and voluntarily guilty plea, he waived all
nonjurisdictional deprivations that occurred prior to trial. Tollett v. Henderson, 411 U.S. 258, 267
(1973). The present petition lacks merit. Moreover, Petitioner is not entitled to relief because he
did not satisfy the requirements of 28 U.S.C. § 2254(d). His objections primarily focused on claims
of entrapment, but Magistrate Judge Mitchell correctly explained that he is not entitled to relief on
such claims because he failed to exhaust his state remedies on the claims.
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

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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 #14) 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. All motions not previously
ruled on are hereby DENIED.
It is SO ORDERED.
SIGNED this 30th day of July, 2015.

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MICHAEL H. SCHNEIDER
UNITED STATES DISTRICT JUDGE

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