Opinion
Civil Action 4:18cv515
04-26-2024
BRYAN EUGENE GARNER, #203966 v. DIRECTOR, TDCJ-CID
ORDER OF DISMISSAL
AMOS L. MAZZANT UNITED STATES DISTRICT JUDGE
The above-entitled and numbered civil action was referred to United States Magistrate Judge Kimberly C. Priest Johnson, who issued a Report and Recommendation (“the Report”) (Dkt. #32) concluding that the petition for writ of habeas corpus should be denied and dismissed with prejudice. Petitioner filed a “Request for C.O.A./C.O.A.” (Dkt. #33), which the Court construes as objections to the Report.
In the objections, Petitioner reurges the issues raised in his 28 U.S.C. § 2254 petition. The Court has reviewed the tendered objections, and they generally add nothing new to Petitioner's prior contentions in this case. Despite his arguments, Petitioner fails to show that the Report is in error or that he is entitled to relief.
The Report of the Magistrate Judge, which contains proposed findings of fact and recommendations for the disposition of such action, has been presented for consideration. Having made a de novo review of the objections raised by Petitioner to the Report, the Court concludes that the findings and conclusions of the Magistrate Judge are correct. Therefore, the Court hereby adopts the findings and conclusions of the Magistrate Judge as the findings and conclusions of the Court.
It is accordingly ORDERED the petition for a writ of habeas corpus is DENIED and the case is DISMISSED with prejudice. A certificate of appealability is DENIED.
It is further ORDERED that all motions not previously ruled on are hereby DENIED.