Skinner v. Director, TDCJ-CID, No. 3:2021cv01246 - Document 43 (N.D. Tex. 2022)
Court Description: Order Accepting 41 Findings and Recommendations of the United States Magistrate Judge. The Court DENIES 40 Skinner's Motion to Stay. (Ordered by Judge Brantley Starr on 10/5/2022) (sxf)
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Skinner v. Director, TDCJ-CID Doc. 43 Case 3:21-cv-01246-X-BH Document 43 Filed 10/05/22 Page 1 of 2 PageID 3803 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION JOSHUA CORNELL SKINNER, ID # 2137079 Petitioner, v. DIRECTOR, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent. § § § § § § § § § § § No. 3:21-CV-1246-X-BH 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. 41]. The Magistrate Judge concluded that Skinner’s Motion to Stay [Doc. No. 40] should be denied “[b]ecause [Skinner] has not shown that he is entitled to a stay and abeyance under the standard set forth in Rhines.”1 Skinner filed objections. “Rhines standard does not apply.”2 [Doc. No. 42]. First, he claims that the But Skinner himself applies the Rhines standard, so he doesn’t adequately explain that objection. his claim as a “dead-bang winner.”3 1 Doc. No. 41 at 4. 2 Doc. No. 42 at 1 (emphasis added). 3 Second, Skinner styles But Skinner merely regurgitates the same Id. at 3. 1 Dockets.Justia.com Case 3:21-cv-01246-X-BH Document 43 Filed 10/05/22 Page 2 of 2 PageID 3804 argument the Magistrate Judge rejected, and Skinner does not quibble with the Magistrate Judge’s reasoning. 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. Finding none, the Court ACCEPTS the Findings, Conclusions, and Recommendation of the United States Magistrate Judge. The Court DENIES Skinner’s Motion to Stay. IT IS SO ORDERED this 5th day of October 2022. ____________________________________ BRANTLEY STARR UNITED STATES DISTRICT JUDGE 2
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