Montgomery v. Director, TDCJ-CID
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)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
WICHITA FALLS DIVISION
BRANDON LAKEITH MONTGOMERY,
LORIE DAVIS, Director,
Texas Department of Criminal Justice,
Correctional Institutions Division,
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.
UNITED STATES DISTRICT JUDGE
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