Turnbough v. Thaler, Director TDCJ-CID, No. 4:2009cv00077 - Document 27 (N.D. Tex. 2009)
Court Description: ORDER ADOPTING 26 Findings and Recommendations of Magistrate Judge. Petition for writ of habeas corpus under 28 U.S.C. § 2254 is DISMISSED WITHOUT PREJUDICE, except as to any application of the federal statute of limitations or other federal procedural bar that may apply. (Ordered by Judge Terry R Means on 10/7/09) (cxb) Modified on 10/8/2009/Dist 10/8 (cxb).
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Turnbough v. Thaler, Director TDCJ-CID Doc. 27 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS FORT WORTH DIVISION MICHAEL JOHN TURNBOUGH, Petitioner, VS. § § § § RICK THALER, § Director, T.D.C.J. § Correctional Institutions Div., § Respondent. § CIVIL NO. 4:09-CV-077-Y ORDER ADOPTING MAGISTRATE JUDGE'S FINDINGS AND CONCLUSIONS Before the Court is the petition for writ of habeas corpus under 28 U.S.C. § 2254 of petitioner Michael John Turnbough, along with the September 9, 2009, findings, conclusions, and recommendation of the United States magistrate judge. The magistrate judge gave the parties until September 30 to file written objections to the findings, conclusions, and recommendation. As of the date of this order, no written objections have been filed. The Court has reviewed the pleadings and the record in this case, and has reviewed for clear error the findings, conclusions and recommendation. The Court concludes that, for the reasons stated by the magistrate judge, the petition for writ of habeas corpus should be dismissed. Therefore, the findings, conclusions and recommendation of the magistrate judge are ADOPTED. Michael John Turnbough’s petition for writ of habeas corpus under 28 U.S.C. § 2254 is DISMISSED WITHOUT PREJUDICE, except as to Dockets.Justia.com any application of the federal statute of limitations or other federal procedural bar that may apply.1 SIGNED October 7, 2009. ____________________________ TERRY R. MEANS UNITED STATES DISTRICT JUDGE 1 A one-year statute of limitations is now applicable to the filing of noncapital § 2254 habeas corpus petitions in federal court. See 28 U.S.C.A. § 2244(d)(1-4)(West 2006). The statute of limitations is tolled, however, while a properly filed application for state post-conviction or other collateral review is pending. 28 U.S.C.A. § 2244(d)(2)(West 2006). 2
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