Cole v. Davis Director TDCJ-CID, No. 6:2017cv00671 - Document 29 (E.D. Tex. 2019)

Court Description: MEMORANDUM OPINION ADOPTING THE REPORT OF THE UNITED STATES MAGISTRATE JUDGE. Accordingly, it is ORDERED that Petitioner's objections, (Dkt. # 27 ), are overruled and the Report of the Magistrate Judge, (Dkt. # 22 ), is ADOPTED as the opinion o f the District Court. Further, it is ORDERED that the above-styled petition for a writ of habeas corpus is DISMISSED WITH PREJUDICE. It is also ORDERED that the Petitioner Cole is DENIED a certificate of appealability sua sponte. Finally, it is ORDERED that any and all motions which may be pending in this action are hereby DENIED. Signed by District Judge Richard A. Schell on 2/19/2019. (rlf)

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Cole v. Davis Director TDCJ-CID Doc. 29 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION STEVE COLE, #1878526 § VS. § DIRECTOR, TDCJ-CID § CIVIL ACTION NO. 6:17cv671 MEMORANDUM OPINION ADOPTING THE REPORT OF THE UNITED STATES MAGISTRATE JUDGE Petitioner Steve Cole, proceeding pro se, an inmate confined at the Polunsky Unit within the Texas Department of Criminal Justice (TDCJ), filed this petition for a writ of habeas corpus pursuant to § 2254 complaining of the legality of his criminal conviction. The case was referred to the United States Magistrate Judge, the Honorable Judge John D. Love, for findings of fact, conclusions of law, and recommendations for the disposition of the case. On October 24, 2018, Judge Love issued a Report, (Dkt. #22), recommending that Petitioner’s petition be dismissed, with prejudice. Petitioner has filed timely objections, (Dkt. #27). The court has conducted a careful de novo review of those portions of the Magistrate Judge’s proposed findings and recommendations to which the Plaintiff objected. See 28 U.S.C. §636(b)(1) (District Judge shall “make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made.”). Upon such de novo review, the court has determined that the Report of the United States Magistrate Judge is correct and the Plaintiff’s objections are without merit. Accordingly, it is ORDERED that Petitioner’s objections, (Dkt. #27), are overruled and the Report of the Magistrate Judge, (Dkt. #22), is ADOPTED as the opinion of the District Court. Further, it is 1 Dockets.Justia.com ORDERED that the above-styled petition for a writ of habeas corpus is DISMISSED WITH PREJUDICE. It is also ORDERED that the Petitioner Cole is DENIED a certificate of appealability sua sponte. Finally, it is ORDERED that any and all motions which may be pending in this action are hereby DENIED. . SIGNED this the 19th day of February, 2019. _______________________________ RICHARD A. SCHELL UNITED STATES DISTRICT JUDGE 2

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