Malone v. Stephens-Director TDCJ-CID, No. 3:2015cv03373 - Document 8 (N.D. Tex. 2015)
Court Description: Order Accepting Findings and Recommendations re: 7 Findings and Recommendations on Case re: 3 Petition for Writ of Habeas Corpus, filed by Paul Malone. (Ordered by Judge Ed Kinkeade on 11/10/2015) (ndt)
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Malone v. Stephens-Director TDCJ-CID Doc. 8 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION PAUL MALONE Petitioner, v. WILLIAM STEPHENS-DIRECTOR Respondent. § § § § § § § § § No. 3:15-CV-03373-K 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. No objections were filed. The District Court reviewed the proposed Findings, Conclusions, and Recommendation for plain error. Finding none, the Court ACCEPTS the Findings, Conclusions, and Recommendation of the United States Magistrate. IT IS THEREFORE ORDERED that the petition for writ of habeas corpus is summarily DISMISSED without prejudice for failure to exhaust state court remedies. See 28 U.S.C. ' 2254(b) and (c). Petitioner is cautioned that the 1996 amendments to the habeas corpus statute impose a one-year statute of limitations for filing habeas corpus petitions in federal court, see 28 U.S.C. ' 2244(d), and that this provision is applicable to this petition as well as to any other petition that he may file in this court. Thus, Petitioner should Dockets.Justia.com act diligently and expediently if he intends to seek habeas corpus relief in both state and federal court. SO ORDERED. Signed November 10th, 2015. ________________________________ ED KINKEADE UNITED STATES DISTRICT JUDGE
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