Cheek v. Chandler

Filing 7

Order: It is ordered that the findings, conclusions, and recommendation of the magistrate judge are adopted on Case re: 3 Petition for Writ of Habeas Corpus, filed by John Ray Cheek. It is ordered that the petition for writ of habeas corpus under 28 U.S.C. § 2241 is dismissed without prejudice for lack of jurisdiction. (Ordered by Chief Judge Sidney A Fitzwater on 8/28/2013) (cea)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
JOHNNY RAY CHEEK, #42969-177,
Petitioner,
v.
RODNEY W. CHANDLER,
Respondent.

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3:13-CV-2901-D

ORDER
After making an independent review of the pleadings, files, and records in this case, and the
findings, conclusions, and recommendation of the magistrate judge, the court concludes that the
findings and conclusions are correct. It is therefore ordered that the findings, conclusions, and
recommendation of the magistrate judge are adopted.
It is ordered that the petition for writ of habeas corpus under 28 U.S.C. § 2241 is dismissed
without prejudice for lack of jurisdiction.
The court certifies that any appeal of this action would not be taken in good faith. See 28
U.S.C. § 1915(a)(3). In support of this finding, the court adopts and incorporates by reference the
magistrate judge’s findings, conclusions, and recommendation. See Baugh v. Taylor, 117 F.3d 197,
202 n.21 (5th Cir. 1997). Based on the findings, conclusions, and recommendation, the court finds
that any appeal of this action would present no legal point of arguable merit and would, therefore,
be frivolous. Howard v. King, 707 F.2d 215, 220 (5th Cir. 1983).
SO ORDERED.
August 28, 2013.
_________________________________
SIDNEY A. FITZWATER
CHIEF JUDGE