Miller v. Stephens, Director TDCJ-CID

Filing 55

ORDER ADOPTING REPORT AND RECOMMENDATION, GRANTING RESPONDENT'S MOTION TO DISMISS, and DISMISSING PETITION FOR A WRIT OF HABEAS CORPUS re: 51 Report and Recommendation. (Ordered by Senior Judge Mary Lou Robinson on 7/21/2017) (awc)

IN THE LINITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
AMARILLO DIVISION
CHESTER DUANE MILLER,
Petitioner,

2:14-CV-0103

WILLIAM STEPHENS, Director,
Texas Department of Criminal Justice,

Correctional Institutions Division,

Respondent.

$

ORDER ADOPTING REPORT AND RECOMMENDATION.
GRANTING RESPONDENT'S MOTION TO DISMISS. and
DISMISSING PETITION FOR A WRIT OF HABEAS CORPUS
Petitioner has filed with this Court a petition for a federal writ

of

habeas corpus. On June

15,2017, the United States Magistrate Judge issued a Report and Recommendation in this cause,
recommending therein that respondent's motion to dismiss be granted and that the instant habeas

application be dismissed as time-barred. On June 29,2017, petitioner filed a request for an
extension of time to file objections and was granted an extension until July 13, 2017. As of this
date, no objections to the Magistrate Judge's Report and Recommendation have been filed.

The undersigned United States District Judge has made an independent examination of the
record in this case. The Magistrate Judge's Report and Recommendation is ADOPTED, and
respondent's Motion to Dismiss is GRANTED. Accordingly, the petition for a writ of habeas corpus
is DISMISSED.

IT IS SO ORDERED.
ENTERED

this

21sr

day

of

Julv

2017.

s/ Mnro T.nrr Rnlrincnn

MARY LOU ROBINSON
UNITED STATES DISTRICT JUDGE