Ellie v. Davis-Director TDCJ-CID

Filing 5

ORDER ACCEPTING 4 FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE. The petition for writ of habeas corpus is DISMISSED WITHOUT PREJUDICE as unexhausted. (Ordered by Judge Ed Kinkeade on 7/5/2017) (axm)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
CORTEZ DEON ELLIE, #2088210,
Petitioner,
v.
LORIE DAVIS, Director TDCJ-CID,
Respondent.

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Civil No. 3:17-CV-1499-K

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. No objections were filed. The District Court reviewed
the proposed Findings, Conclusions, and Recommendation for plain error. Finding
none, the Court ACCEPTS the Findings, Conclusions, and Recommendation of the
United States Magistrate.
IT IS THEREFORE ORDERED that the petition for writ of habeas corpus is
DISMISSED WITHOUT PREJUDICE as unexhausted.
Petitioner is cautioned that the 1996 amendments to the habeas corpus statute
impose a one year statute of limitations for filing habeas corpus petitions in federal
court, see 28 U.S.C. § 2254(d), and that this provision is applicable to this petition as
well as to any other petition that he may file in this court.
SO ORDERED.
Signed July 5th, 2017.
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ED KINKEADE
UNITED STATES DISTRICT JUDGE