Blue v. Davis-Director TDCJ-CID

Filing 12

Order Accepting 11 Findings and Recommendations on Case re: 3 Petition for Writ of Habeas Corpus. Accordingly, the court denies the Petition and dismisses without prejudice this action for failure to exhaust state remedies. (Ordered by Judge Sam A Lindsay on 9/25/2018) (epm)

IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
LAZARUS BLUE,
Petitioner,
v.
LORIE DAVIS, Director, TDCJ-CID,
Respondent.

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Civil Action No. 3:17-CV-2896-L-BT

ORDER
Before the court is Lazarus Blue’s (“Petitioner”) Petition for Writ of Habeas Corpus (Doc.
3), filed October 20, 2017. No response to the petition was filed.
On June 28, 2018, United States Magistrate Judge Rebecca Rutherford entered the
Findings, Conclusions, and Recommendation of the United States Magistrate Judge (“Report”),
recommending that the court deny the petition for failure to exhaust the petition. No objections to
the Report were made.
Having reviewed the record in this case, Report, and applicable law, the court determines
that the findings and conclusions of the magistrate judge are correct, and accepts them as those of
the court. As the magistrate judge correctly held, Petitioner failed to exhaust state remedies
pursuant to 28 U.S.C. § 2254(b) because he failed to present his claims to the Texas Court of
Criminal Appeals in a petition for discretionary review and failed to file an application for writ of
habeas corpus in state court. Further, Petitioner has not shown the court that any circumstances
exist to render these state remedies ineffective to protect his rights. See 28 U.S.C. §
2254(b)(1)(B)(ii). Accordingly, the court denies the Petition and dismisses without prejudice this
action for failure to exhaust state remedies.

Order – Page 1

It is so ordered this 25th day of September, 2018.

_________________________________
Sam A. Lindsay
United States District Judge

Order – Page 2