Opinion
CIVIL ACTION NO. 6:11cv645
07-26-2012
CHARLES WAYNE MILLER, #1525390 v. DIRECTOR, TDCJ-CID
ORDER OF DISMISSAL
Petitioner Charles Wayne Miller, a prisoner confined in the Texas prison system, proceeding pro se, filed the above-styled and numbered petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The petition was referred to United States Magistrate Judge John D. Love, who issued a Report and Recommendation concluding that the petition for a writ of habeas corpus should be denied. Petitioner subsequently filed a reply to the Director's answer and a request that the reply be construed as objections. The request shall be granted.
The Report and Recommendation of the Magistrate Judge, which contain his proposed findings of fact and recommendations for the disposition of such action, has been presented for consideration, and having made a de novo review of the objections raised by Petitioner, the Court is of the opinion that the findings and conclusions of the Magistrate Judge are correct. Thus the Court hereby adopts the findings and conclusions of the Magistrate Judge as the findings and conclusions of the Court. It is accordingly
ORDERED that Petitioner's motion to construed his reply to the Director's answer as objections (docket entry #22) is GRANTED. It is further
ORDERED that the Report and Recommendation (docket entry #19) is ADOPTED. It is further
ORDERED that 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 finally
ORDERED that all motions not previously ruled on are DENIED.
It is SO ORDERED.
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MICHAEL H. SCHNEIDER
UNITED STATES DISTRICT JUDGE