Malone v. The State of Texas et al

Filing 7

ORDER ACCEPTING 5 FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE. (Ordered by Judge Brantley Starr on 11/14/2023) (oyh)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
DEMETRIA ORLANDO MALONE,
TDCJ No. 1347236
Petitioner,
v.
DIRECTOR, TDCJ-CID
Respondent.

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Civil Action No. 3:23-CV-1781-X-BN

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.

(Doc. No. 5).

Magistrate Judge David L. Horan

recommends dismissing Petitioner Demetria Orlando Malone’s writ of habeas corpus
because Malone did not exhaust his administrative remedies before filing a petition
under 28 U.S.C. § 2254. 1
Malone filed an objection.

In his objection, Malone argues that the trial court

lacked jurisdiction to hear this case. 2 The District Court reviewed de novo those
portions of the proposed findings, conclusions, and recommendation to which
objection was made, and reviewed the remaining proposed findings, conclusions, and
recommendation for plain error.

1

Doc. 5 at 2–4.

2

Doc. 6 at 7.

Finding none, the Court ACCEPTS the Findings,

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Conclusions, and Recommendation of the United States Magistrate Judge.
Therefore, the Court DISMISSES WITHOUT PREJUDICE Petitioner Demetria
Orlando Malone’s application for a writ of habeas corpus for failure to exhaust state
remedies.
IT IS SO ORDERED this 14th day of November, 2023.

____________________________________
BRANTLEY STARR
UNITED STATES DISTRICT JUDGE

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