Reese v. Thaler, Director TDCJ-CID

Filing 27

ORDER ACCEPTING 15 , 19 , 25 FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE. (Ordered by Judge Reed C O'Connor on 12/14/2012) (skt)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION JONATHAN A. REESE, JR., Petitioner, v. RICK THALER, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent. § § § § § § § § § § § § § § Civil Action No. 3:11-cv-2018-O ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE The United States Magistrate Judge made findings, conclusions, and a recommendation in this case (ECF Nos. 15, 19, 25). Petitioner filed objections (ECF No. 26). However, Petitioner has failed to identify the specific finding or recommendation to which objection is made, state the basis for such objection, or specify the place in the Magistrate Judge’s report and recommendation where the disputed determination is found. As such, the Court reviewed the proposed Findings, Conclusions and Recommendation for plain error. Finding none, Petitioner’s objections are OVERRULED, and the Court ACCEPTS the Findings, Conclusions, and Recommendation of the Magistrate Judge as the findings and conclusions of the Court. Even if Petitioner’s objections were sufficiently specific to trigger de novo review, the Court finds in the alternative that the Magistrate Judge’s Findings, Conclusions, and Recommendation are correct. Thus, Petitioner’s objections are OVERRULED, and the Court ACCEPTS the Findings, Conclusions, and Recommendation of the United States Magistrate Judge as the findings and conclusions of the Court. Accordingly, it is ORDERED that the petition for writ of habeas corpus under 28 U.S.C. § 2254 (ECF No. 2) is DENIED. It is further ORDERED that Petitioner’s Motion to Abate (ECF No. 18) and Petitioner’s Motion for Leave to File an Amended Complaint (ECF No. 24) are DENIED. SO ORDERED on this 14th day of December, 2012. _____________________________________ Reed O’Connor UNITED STATES DISTRICT JUDGE 2

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