Johnson v. Director TDCJ-CID

Filing 17

ORDER ADOPTING 9 REPORT AND RECOMMENDATIONS. Petitioner's objections (docket entry #13) are OVERRULED. Petitioner's motion for default judgment (docket entry #8) is DENIED. Signed by District Judge Ron Clark on 1/30/20. (ljw, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
LUFKIN DIVISION
ELLOYD JOHNSON

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VS.

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DIRECTOR, TDCJ-CID

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CIVIL ACTION NO. 9:18-CV-85

ORDER OVERRULING PETITIONER’S OBJECTIONS AND ADOPTING
THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Petitioner Elloyd Johnson, a prisoner confined at the Polunsky Unit of the Texas Department
of Criminal Justice, Correctional Institutions Division, proceeding pro se, filed this petition for writ
of habeas corpus pursuant to 28 U.S.C. § 2254.
The Court referred this matter to the Honorable Zack Hawthorn, United States Magistrate
Judge, for consideration pursuant to applicable laws and orders of this Court. The Magistrate
Judge has submitted a Report and Recommendation of United States Magistrate Judge. The
Magistrate Judge recommends denying petitioner’s motion for default judgment.
The Court has received and considered the Report and Recommendation of United States
Magistrate Judge, along with the record and the pleadings. Petitioner filed objections to the
Magistrate Judge’s Report and Recommendation.
The Court has conducted a de novo review of the objections in relation to the pleadings and
the applicable law. See FED. R. CIV. P. 72(b). After careful consideration of all the pleadings and
the relevant case law, the Court concludes that petitioner’s objections lack merit.

ORDER
Accordingly, petitioner’s objections (docket entry #13) are OVERRULED. The findings
of fact and conclusions of law of the Magistrate Judge are correct, and the report of the Magistrate
Judge (docket entry #9) is ADOPTED. Petitioner’s motion for default judgment (docket entry #8)
is DENIED.
So ORDERED and SIGNED January 30, 2020.

____________________________
Ron Clark, Senior District Judge

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