Calton v. Thaler, No. 4:2007cv00471 - Document 82 (N.D. Tex. 2008)
Court Description: ORDER ADOPTING 72 Findings and Recommendations...The court notes that by Order of Jan 9 2008, the magistrate judge granted Calton's second motion for leavve to supplement his petition with a 10-pg "Second Supplemental Petition For Writ o f Habeas Corpus"...clerk is directed to file nunc pro tunc effective Jan 9 2008 the "Second Supplemental Petition"; Petitioner Allen Fitzgerald Calton's petition for writ of habeas corpus under 28 USC 2254 is DENIED. (Ordered by Judge Terry R Means on 12/1/08) (wrb)
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Calton v. Thaler Doc. 82 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS FORT WORTH DIVISION ALLEN FITZGERALD CALTON, Petitioner, VS. § § § § NATHANIEL QUARTERMAN, § Director, T.D.C.J. § Correctional Institutions Div., § Respondent. § CIVIL ACTION NO.4:07-CV-471-Y ORDER ADOPTING MAGISTRATE JUDGE'S FINDINGS AND CONCLUSIONS (With special instructions to the clerk of Court) In this action brought by petitioner Allen Fitzgerald Calton under 28 U.S.C. § 2254, the Court has made an independent review of the following matters in the above-styled and numbered cause: 1. The pleadings1 and record; 2. The proposed findings, conclusions, and recommendation of the United States magistrate judge filed on September 16, 2008; and 3. The petitioner's written objections to the proposed findings, conclusions, and recommendation of the United States magistrate judge filed on October 27, 2008. The Court, after de novo review, concludes that Petitioner’s objections must be overruled, and that the petition for writ of habeas corpus should be denied for the reasons stated in the magistrate judge's findings and conclusions. Therefore, the findings, conclusions, and recommendation of the magistrate judge are ADOPTED. 1 The Court notes that by Order of January 9, 2008, the magistrate judge granted Calton’s second motion for leave to supplement his petition for writ of habeas corpus with a ten-page “Second Supplemental Petition for Writ of Habeas Corpus.” Although labeled a “second” supplement to the petition, Calton’s motion to strike his “first” supplement was also granted, such that the “Second Supplemental Petition” is the only supplement to the § 2254 petition. That document, however, was not separately file-stamped and docketed on January 9, 2008. The clerk of Court is directed to file nunc pro tunc effective January 9, 2008, the “Second Supplemental Petition for Writ of Habeas Corpus,” and place a remark on the docket that this was done. Dockets.Justia.com Petitioner Allen Fitzgerald Calton’s petition for writ of habeas corpus under 28 U.S.C. § 2254 is DENIED. SIGNED December 1, 2008. ____________________________ TERRY R. MEANS UNITED STATES DISTRICT JUDGE 2
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