Summary
discussing the distinctions between §§ 2241, 2254, and 2255
Summary of this case from Robinson v. CokerOpinion
2:14-CV-0103
07-21-2017
CHESTER DUANE MILLER, Petitioner, v. WILLIAM STEPHENS, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent.
ORDER ADOPTING REPORT AND RECOMMENDATION. GRANTING RESPONDENT'S MOTION TO DISMISS , and DISMISSING PETITION FOR A WRIT OF HABEAS CORPUS
Petitioner has filed with this Court a petition for a federal writ of habeas corpus. On June 15, 2017, the United States Magistrate Judge issued a Report and Recommendation in this cause, recommending therein that respondent's motion to dismiss be granted and that the instant habeas application be dismissed as time-barred. On June 29, 2017, petitioner filed a request for an extension of time to file objections and was granted an extension until July 13, 2017. As of this date, no objections to the Magistrate Judge's Report and Recommendation have been filed.
The undersigned United States District Judge has made an independent examination of the record in this case. The Magistrate Judge's Report and Recommendation is ADOPTED, and respondent's Motion to Dismiss is GRANTED. Accordingly, the petition for a writ of habeas corpus is DISMISSED.
IT IS SO ORDERED.
ENTERED this 21st day of July 2017.
s/ Mary Lou Robinson
MARY LOU ROBINSON
UNITED STATES DISTRICT JUDGE