Wyatt v. Quarterman, No. 4:2008cv00568 - Document 14 (N.D. Tex. 2009)

Court Description: ORDER ADOPTING MAGISTRATE JUDGE'S FINDINGS AND CONCLUSIONS re 12 Findings and Recommendations... Petitioner Roger Lee Wyatt's petition for writ of habeas corpus is DISMISSED WITH PREJUDICE... see Order for further specifics. (Ordered by Judge Terry R Means on 1/30/2009) (krg)

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Wyatt v. Quarterman Doc. 14 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS FORT WORTH DIVISION ROGER LEE WYATT, Petitioner, § § § VS. § § NATHANIEL QUARTERMAN, Director, § T.D.C.J.,Correctional § Institutions DIV., § Respondent. § CIVIL ACTION NO.4:08-CV-568-Y ORDER ADOPTING MAGISTRATE JUDGE'S FINDINGS AND CONCLUSIONS In this action brought by petitioner Roger Lee Wyatt 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 pleadings and record; 2. The proposed findings, conclusions, and recommendation of the United States magistrate judge filed on January 9, 2008; and 3. The petitioner's written objections to the proposed findings, conclusions, and recommendation of the United States magistrate judge filed on January 26, 2009. The Court, after de novo review, concludes that Petitioner’s objections must be overruled, that the respondent’s motion to dismiss must be granted, and that the petition for writ of habeas corpus should be dismissed with prejudice as time-barred under 28 U.S.C. § 2244, for the reasons stated in the magistrate judge's findings and conclusions. Therefore, the findings, conclusions, and recommendation of the magistrate judge are ADOPTED. Quarterman’s motion to dismiss [docket no. 9] is GRANTED. Petitioner Roger Lee Wyatt’s petition for writ of habeas corpus is DISMISSED WITH PREJUDICE. SIGNED January 30, 2009. ____________________________ TERRY R. MEANS UNITED STATES DISTRICT JUDGE Dockets.Justia.com

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