Carter v. Quarterman, No. 4:2008cv00636 - Document 11 (N.D. Tex. 2009)

Court Description: ORDER ADOPTING 9 Findings and Recommendations of Magistrate Judge. Petitioner Bobby Dale Carter's petition for writ of habeas corpus is DISMISSED WITH PREJUDICE. (Ordered by Judge Terry R Means on 2/9/09) (cxb) Modified on 2/9/2009/Dist 2/9 (cxb).

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Carter v. Quarterman Doc. 11 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS FORT WORTH DIVISION BOBBY DALE CARTER JR., Petitioner, § § § VS. § § NATHANIEL QUARTERMAN, Director, § T.D.C.J.,Correctional § Institutions DIV., § Respondent. § CIVIL ACTION NO.4:08-CV-636-Y ORDER ADOPTING MAGISTRATE JUDGE'S FINDINGS AND CONCLUSIONS In this action brought by petitioner Bobby Dale Carter Jr. 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 13, 2009; and 3. The petitioner's written objections to the proposed findings, conclusions, and recommendation of the United States magistrate judge filed on February 6, 2009. 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 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. Petitioner Bobby Dale Carter’s petition for writ of habeas corpus is DISMISSED WITH PREJUDICE. SIGNED February 9, 2009. ____________________________ TERRY R. MEANS UNITED STATES DISTRICT JUDGE Dockets.Justia.com

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