Montgomery v. Director, TDCJ-CID

Filing 16

Order Accepting Findings and Recommendations. re: 13 Findings and Recommendations on Case re: 1 Complaint filed by Brandon Lakeith Montgomery. Accordingly, the petition for writ of habeas corpus is DENIED. Magistrate Judge Hal R. Ray, Jr no longer assigned to case. (Ordered by Judge Reed C. O'Connor on 7/28/2017) (trt)

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS WICHITA FALLS DIVISION BRANDON LAKEITH MONTGOMERY, Petitioner, v. LORIE DAVIS, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent. § § § § § § § § § § § Civil No. 7:17-CV-051-O ORDER ACCEPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE After making an independent review of the pleadings, files, and records in this case, and of the Findings, Conclusions, and Recommendation of the United States Magistrate Judge, I am of the opinion that the findings of fact, conclusions of law, and reasons for denial set forth in the Magistrate Judge’s Recommendation are correct and they are hereby adopted and incorporated by reference as the Findings of the Court. The Court notes that Petitioner’s claim that he was assessed $335.42 in monetary damages was severed from the instant case and Petitioner was afforded the opportunity to pursue that claim in a civil rights action. See Montgomery v. Doe, No. 7:17-CV-083-O (N.D. Tex. 2017). Petitioner voluntarily dismissed that case. Also, Petitioner was granted an extension of time in which to file objections to the Magistrate Judge’s Recommendation. See Order, ECF No. 15. But no objections were filed. Accordingly, the petition for writ of habeas corpus is DENIED. SO ORDERED this 28th day of July, 2017. _____________________________________ Reed O’Connor UNITED STATES DISTRICT JUDGE

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?