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Westfall v. Davis

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS WICHITA FALLS DIVISION
May 29, 2018
Civil Action No. 7:18-cv-023-O-BP (N.D. Tex. May. 29, 2018)

Opinion

Civil Action No. 7:18-cv-023-O-BP

05-29-2018

JAMES DONALD WESTFALL, Petitioner, v. LORIE DAVIS, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent.


ORDER ACCEPTING FINDINGS , CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE

This is a habeas action brought pursuant to 28 U.S.C. § 2254 in which Petitioner challenges the validity of his convictions for possession of child pornography and aggravated sexual assault. The United States Magistrate Judge entered his Findings, Conclusions, and Recommendation in which he recommends that the petition be dismissed as barred by the statute of limitations. See ECF No. 7. Petitioner has not filed objections. The District Court has reviewed the Findings, Conclusions, and Recommendation for plain error. Finding no error, I am of the opinion that the findings of fact, conclusions of law, and reasons for dismissal set forth in the Magistrate Judge's Recommendation are correct and they are hereby adopted and incorporated by reference as the Findings of the Court.

Accordingly, the petition for writ of habeas corpus is DISMISSED as TIME-BARRED.

SO ORDERED this 29th day of May, 2018.

/s/ _________

Reed O'Connor

UNITED STATES DISTRICT JUDGE


Summaries of

Westfall v. Davis

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS WICHITA FALLS DIVISION
May 29, 2018
Civil Action No. 7:18-cv-023-O-BP (N.D. Tex. May. 29, 2018)
Case details for

Westfall v. Davis

Case Details

Full title:JAMES DONALD WESTFALL, Petitioner, v. LORIE DAVIS, Director, Texas…

Court:UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS WICHITA FALLS DIVISION

Date published: May 29, 2018

Citations

Civil Action No. 7:18-cv-023-O-BP (N.D. Tex. May. 29, 2018)

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