Cole v. Davis Director TDCJ-CID

Filing 29

MEMORANDUM OPINION ADOPTING THE REPORT OF THE UNITED STATES MAGISTRATE JUDGE. Accordingly, it is ORDERED that Petitioner's objections, (Dkt. # 27 ), are overruled and the Report of the Magistrate Judge, (Dkt. # 22 ), is ADOPTED as the opinion o f the District Court. Further, it is ORDERED that the above-styled petition for a writ of habeas corpus is DISMISSED WITH PREJUDICE. It is also ORDERED that the Petitioner Cole is DENIED a certificate of appealability sua sponte. Finally, it is ORDERED that any and all motions which may be pending in this action are hereby DENIED. Signed by District Judge Richard A. Schell on 2/19/2019. (rlf)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
STEVE COLE, #1878526

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VS.

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DIRECTOR, TDCJ-CID

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CIVIL ACTION NO. 6:17cv671

MEMORANDUM OPINION ADOPTING THE REPORT
OF THE UNITED STATES MAGISTRATE JUDGE
Petitioner Steve Cole, proceeding pro se, an inmate confined at the Polunsky Unit within
the Texas Department of Criminal Justice (TDCJ), filed this petition for a writ of habeas corpus
pursuant to § 2254 complaining of the legality of his criminal conviction. The case was referred
to the United States Magistrate Judge, the Honorable Judge John D. Love, for findings of fact,
conclusions of law, and recommendations for the disposition of the case.
On October 24, 2018, Judge Love issued a Report, (Dkt. #22), recommending that
Petitioner’s petition be dismissed, with prejudice.

Petitioner has filed timely objections,

(Dkt. #27). The court has conducted a careful de novo review of those portions of the Magistrate
Judge’s proposed findings and recommendations to which the Plaintiff objected. See 28 U.S.C.
§636(b)(1) (District Judge shall “make a de novo determination of those portions of the report
or specified proposed findings or recommendations to which objection is made.”). Upon such de
novo review, the court has determined that the Report of the United States Magistrate Judge is
correct and the Plaintiff’s objections are without merit. Accordingly, it is
ORDERED that Petitioner’s objections, (Dkt. #27), are overruled and the Report of the
Magistrate Judge, (Dkt. #22), is ADOPTED as the opinion of the District Court. Further, it is

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ORDERED that the above-styled petition for a writ of habeas corpus is DISMISSED
WITH PREJUDICE. It is also
ORDERED that the Petitioner Cole is DENIED a certificate of appealability sua sponte.
Finally, it is
ORDERED that any and all motions which may be pending in this action are hereby
DENIED.
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SIGNED this the 19th day of February, 2019.

_______________________________
RICHARD A. SCHELL
UNITED STATES DISTRICT JUDGE

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