Dawson v. Davis-Director TDCJ-CID

Filing 29

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 27 Report and Recommendations of the Unites States Magistrate Judge. ORDERED that the Petitioners application for a writ of habeas corpus is DISMISSED WITH PREJUDICE and a certificate of appealability is DENIED. Signed by District Judge Richard A. Schell on 5/21/2019. (gsg)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TEXAS
TYLER DIVISION
TIMOTHY ANTONIO DAWSON, #1987097
V.
DIRECTOR, TDCJ-ID

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CIVIL ACTION NO. 6:17CV670

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION
OF UNITED STATES MAGISTRATE JUDGE
Came on for consideration the Report of the United States Magistrate Judge in this action, this
matter having been heretofore referred to United States Magistrate Judge John D. Love pursuant to
28 U.S.C. § 636. On March 8, 2019 (Dkt. #27), the report of the Magistrate Judge was entered
containing his proposed findings of fact and recommendations that the Petitioner’s application for writ
of habeas corpus should be dismissed with prejudice and a certificate of appealability should be
denied sua sponte.
The Respondent filed objections to the report of the United States Magistrate Judge (Dkt.
#28). The court, having made a de novo review of the objections raised by the Respondent thereto,
is of the opinion that the findings and conclusions of the Magistrate Judge are correct, and the
objections of the Respondent are without merit. Therefore, the court hereby adopts the findings and
conclusions of the Magistrate Judge as the findings and conclusions of this court. It is, therefore,
ORDERED that the Magistrate Judge’s report is ADOPTED as the opinion of the court. It
is further
ORDERED that the Petitioner’s application for a writ of habeas corpus is DISMISSED
WITH PREJUDICE and a certificate of appealability is DENIED sua sponte.

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SIGNED this the 21st day of May, 2019.

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RICHARD A. SCHELL
UNITED STATES DISTRICT JUDGE