Holbert v. Anderson

Full title: DARRYL W. HOLBERT, Petitioner, v. DEE ANDERSON, Sheriff, Tarrant County…

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

Date published: Oct 14, 2004

CIVIL ACTION NO. 4:04-CV-605-Y (N.D. Tex. Oct. 14, 2004)

Opinion

CIVIL ACTION No. 4:04-CV-605-Y.

October 14, 2004

ORDER ADOPTING MAGISTRATE JUDGE'S FINDINGS AND CONCLUSIONS

TERRY MEANS, District Judge

Before the Court is the petition for writ of habeas corpus under 28 U.S.C. § 2254 of petitioner Darryl W. Holbert, along with the September 14, 2004, findings, conclusions, and recommendation of the United States Magistrate Judge. The magistrate judge gave the Plaintiff until October 5, 2004, 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 September 14, 2004. The Court concludes that the petition for writ of habeas corpus should be dismissed with 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 WITH PREJUDICE.