Lacy v. Smith, No. 7:2021cv00068 - Document 16 (N.D. Tex. 2022)
Court Description: Order Accepting Findings and Recommendations re: 15 Findings and Recommendations on Case re: 1 Petition for Writ of Habeas Corpus,, filed by Quan M. Lacy. (Ordered by Judge Reed C. O'Connor on 3/24/2022) (wxc)
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Lacy v. Smith Doc. 16 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS WICHITA FALLS DIVISION QUAN M. LACY, TDCJ No. 2233501, Petitioner, v. J. SMITH, Respondent. ' ' ' ' ' ' ' ' ' ' Civil Action No. 7:21-cv-068-O-BP ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE This is a habeas action brought pursuant to 28 U.S.C. ' 2254 in which Petitioner challenges two 2018 state convictions involving crimes of arson and claims to have been denied “diligent participation credits.” The United States Magistrate Judge entered his Findings, Conclusions, and Recommendation in which he recommends that the petition be dismissed as barred by the statute of limitations and, in part, for lack of jurisdiction. See ECF No. 15. Petitioner did not file objections. The District Court reviewed the Findings, Conclusions, and Recommendation for plain error. Finding no error, I am of the opinion that the findings of fact, conclusions of law, and reasons for dismissal set forth in the Magistrate Judge’s Recommendation are correct and they are hereby adopted and incorporated by reference as the Findings of the Court. For the foregoing reasons, the petition for writ of habeas corpus is DISMISSED with prejudice. SO ORDERED this 24th day of March, 2022. _____________________________________ Reed O’Connor UNITED STATES DISTRICT JUDGE Dockets.Justia.com
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