Summary
noting that the petitioner's closing argument claim was not submitted in the state habeas petition, the closing argument claim was first presented to the CCA, and ultimately finding the closing argument claim was unexhausted and procedurally barred
Summary of this case from Collier v. Dir., TDCJ-CIDOpinion
2:10-CV-265
03-28-2014
JESSE EARL ANDREWS, Petitioner, v. WILLIAM STEPHENS, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent.
ORDER ADOPTING REPORT AND RECOMMENDATION
and DENYING PETITION FOR A WRIT OF HABEAS CORPUS
Petitioner has filed with this Court a petition for a federal writ of habeas corpus. On March 5, 2014, the United States Magistrate Judge issued a Report and Recommendation in this cause, recommending therein that the instant habeas application be denied. Petitioner was granted an extension of time to file his objections, which were due on March 25, 2014. As of this date, no objections to the Magistrate Judge's Report and Recommendation have been filed of record.
Having made an independent examination of the record in this case, the undersigned United States District Judge is of the opinion the Magistrate Judge's Report and Recommendation should be, and hereby is, ADOPTED. Accordingly, the petition for a writ of habeas corpus is hereby DENIED.
IT IS SO ORDERED.
__________________________
MARY LOU ROBINSON
UNITED STATES DISTRICT JUDGE