Schendel v. Director TDCJ-CID

Filing 75

ORDER adopting 69 Report and Recommendation. Ordered that Mr Schendel's 66 Motion for Writ of Mandamus is denied in accordance with the report and recommendation (dkt# 66). Signed by District Judge Ron Clark on 1/7/2019. (bjc, )

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

TREVOR XAVIER SCHENDEL, #2051305

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VS.

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DIRECTOR, TDCJ-CID

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CIVIL ACTION NO. 6:17cv523

ORDER ADOPTING REPORT AND RECOMMENDATION
Petitioner Trevor Xavier Schendel, a prisoner currently confined in the Texas prison
system, proceeding pro se and in forma pauperis, filed his petition for writ of habeas corpus (Dkt.
#1), pursuant to 28 U.S.C.§ 2254, seeking to challenge his felony conviction, revocation hearing,
and state habeas proceedings on various grounds. Mr. Schendel has been permitted to file an
amended petitioner for writ of habeas corpus. (Dkt. ##49, 50). He ultimately seeks to have his
underlying plea agreement set aside and to be released from custody. The Director’s response is
due on January 7, 2019. The above-styled and numbered civil action was heretofore referred to
United States Magistrate Judge K. Nicole Mitchell.
Mr. Schendel has filed a second Motion for Writ of Mandamus. (Dkt. #66). In his petition
for a writ of mandamus, he seeks to have the court compel the 241st Judicial District Court of
Smith County, Texas and the 7th Judicial District Court of Smith County, Texas to deliver to him:
(1) a copy of the October 31, 2013 grand jury transcript in Cause No. 241-1512-13 and (2) a copy
of the January 2016 violation/revocation transcript in Cause No. 007-1483-15.
The motion was referred to Magistrate Judge Mitchell, who issued a Report and
Recommendation concluding that Mr. Schendel’s motion for writ of mandamus was without merit
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and should be denied. (Dkt. #69). The Report of the Magistrate Judge, which contains proposed
findings of fact and recommendations for the disposition of the motion, has been presented for
consideration, and no objections thereto having been timely filed, the court is of the opinion that
the findings and conclusions of the Magistrate Judge are correct, and adopts same as the findings
and conclusions of the court. It is accordingly
ORDERED that the Report and Recommendation (Dkt. #69) is ADOPTED. It is further
ORDERED that Mr. Schendel’s motion for writ of mandamus (Dkt. #66) is DENIED in
accordance with the Report and Recommendation (Dkt. #66).
So ORDERED and SIGNED January 7, 2019.

____________________________
Ron Clark, Senior District Judge

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