Daniel v. Cockrell

Full title: RICHARD TROY DANIEL, PETITIONER, v. JANIE COCKRELL, DIRECTOR, T.D.C.J.…

Court: United States District Court, N.D. Texas, Fort Worth Division

Date published: Feb 4, 2003

No. 4:02-CV-852-Y (N.D. Tex. Feb. 4, 2003)

Opinion

No. 4:02-CV-852-Y

February 4, 2003

ORDER ADOPTING MAGISTRATE JUDGE'S FINDINGS AND CONCLUSIONS (With Special Instructions to the Clerk of Court)

TERRY R. MEANS, United States District Judge

Before the Court is the petition for writ of habeas corpus under 28 U.S.C. § 2254 of petitioner Richard Troy Daniel, along with the January 8, 2003, findings, conclusions, and recommendation of the United States Magistrate Judge. The magistrate judge gave the parties until January 29 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 proposed findings, conclusions and recommendation of the United States Magistrate Judge filed on January 8, 2003. The Court concludes that the petition for writ of habeas corpus should be dismissed without prejudice, for the reasons stated in the magistrate judge's findings and conclusions.

It is therefore ORDERED that the findings, conclusions and recommendation of the magistrate judge should be, and are hereby, ADOPTED.

It is further ORDERED that Petitioner's Petition for Writ of Habeas Corpus be, and is hereby, DISMISSED WITHOUT PREJUDICE.²

It is further ORDERED that the clerk of the Court shall transmit a copy of this order to all parties by certified mail, return receipt requested.