West v. Johnson

Full title: PATRICK WEST, Petitioner, VS. GARY JOHNSON, Director, Texas, Department of…

Court: United States District Court, N.D. Texas

Date published: May 22, 2001

CIVIL ACTION NO. 4:00-CV-447-Y (N.D. Tex. May. 22, 2001)

Opinion

CIVIL ACTION NO. 4:00-CV-447-Y

May 22, 2001

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

TERRY MEANS, District Judge

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 April 26, 2001.

3. The Petitioner's written objections to the proposed findings, conclusions and recommendation of the United States Magistrate Judge filed on May 16, 2001.

The Court, after de novo review, finds and determines 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(d), 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 WITH PREJUDICE.

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