Layton v. Thaler, Director TDCJ-CID

Filing 8

ORDER Overruling Objections, Adopting Report and Recommendation and Dismissing Petition for a Writ of Habeas Corpus - Dismissing 2 Petition for Writ of Habeas Corpus filed by David Matthew Layton, Adopting 6 Report and Recommendation and Overruling 7 Objection to Report and Recommendation filed by David Matthew Layton. (Ordered by Judge Mary Lou Robinson on 8/16/2011) (jeh)

IN THE TINITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS

AMARILLO DIVISION
DAVID MATTHEW LAYTON.

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Petitioner,

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V,

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2:II-CY-139

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RICK THALER,
Director, Texas Dep't of Criminal Justice,
Correctional Institutions Division.

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Respondent.

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ORDER OVERRULING OBJECTIONS.
ADOPTING REPORT AND RECOMMENDATION
and DISMISSING PETITION FOR A WRIT OF HABEAS CORPUS
Petitioner has filed with this Court an application for a writ of habeas corpus by a person in

state custody. On July 28, 2011, the United States Magistrate Judge issued a Report and
Recommendation in this cause, recommending therein that petitioner's habeas petition be dismissed.
On August 8,2011, petitioner filed objections to the Report and Recommendation.

The undersigned United States District Judge has made an independent examination of the

record in this case and has considered the objections made by petitioner to the Report and
Recommendation. The objections filed by petitioner are without merit and are hereby OVERRULED.
The Magistrate Judge's Report and Recommendation is hereby ADOPTED. Accordingly, the petition

for a writ of habeas corpus filed by petitioner is DISMISSED.

IT IS SO ORDERED
ENTERED

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