Kidd v. Moore

Filing 9

ORDER OVERRULING OBJECTIONS AND ADOPTING 6 REPORT AND RECOMMENDATIONS. Signed by Judge Ron Clark on 9/24/13. (ljw, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
LUFKIN DIVISION
BERNARD KIDD

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VS.

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DIRECTOR, TDCJ-CID

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CIVIL ACTION NO. 9:13cv76

ORDER OVERRULING OBJECTIONS AND ADOPTING
THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Petitioner Bernard Kidd, an inmate confined at the Gist Unit of the Texas Department of
Criminal Justice, Correctional Institutions Division, proceeding pro se, filed the above-styled
petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254.
The court previously referred this matter to the Honorable Keith F. Giiblin, United States
Magistrate Judge, at Beaumont, Texas, for consideration pursuant to 28 U.S.C. § 636 and
applicable orders of this Court. The Magistrate Judge has submitted a Report and
Recommendation of United States Magistrate Judge concerning this matter. The Magistrate
Judge recommends the petition be dismissed without prejudice as improvidently filed and that
the Clerk of Court be directed to file the petition in this case as an amended petition in civil
action number 1:13cv170.
The court has received and considered the Report and Recommendation of United States
Magistrate Judge, along with the record and pleadings. Petitioner filed objections to the Report
and Recommendation.
The court has conducted a de novo review of the objections. After careful consideration,
the court is of the opinion that the objections are without merit.
ORDER
Accordingly, petitioner’s objections are OVERRULED. The findings of fact and
conclusions of law of the Magistrate Judge are correct and the report of the Magistrate Judge is

ADOPTED as the opinion of the court. A final judgment shall be entered in accordance with the
recommendation of the Magistrate Judge.
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So ORDERED and SIGNED on September ___, 2013.