Carter v. Director

Full title: CHESTER CARTER v. DIRECTOR, TDCJ-CID

Court: United States District Court, E.D. Texas, Lufkin Division

Date published: Jun 14, 2006

Civil Action No. 9:05cv234 (E.D. Tex. Jun. 14, 2006)

Opinion

Civil Action No. 9:05cv234.

June 14, 2006

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE AND ENTERING FINAL JUDGMENT

RONALD CLARK, District Judge

The Petitioner Chester Carter, proceeding pro se, filed this application for the writ of habeas corpus under 28 U.S.C. § 2254 complaining of the legality of the computation of his sentence. This Court ordered that the case be referred to the United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1) and (3) and the Amended Order for the Adoption of Local Rules for the Assignment of Duties to United States Magistrate Judges.

The Magistrate Judge ordered the Respondent to answer Carter's petition, and the Respondent filed an answer asserting that the statute of limitations has expired and that Carter's claims lack merit in any event. Carter did not file a response to the answer.

After review of the pleadings and records, the Magistrate Judge issued a Report on May 24, 2006, recommending that the petition be dismissed and that the Court sua sponte deny a certificate of appealability. Carter filed objections to the Report on June 8, 2006, asking that the Court review all of the records in the case.

The Court has conducted a careful de novo review of the Petitioner's application for habeas corpus relief, the answer of the Respondent, the Report of the Magistrate Judge, the Petitioner's objections thereto, and all other pleadings, documents, and records in this case. Upon such de novo review, the Court has concluded that the Report of the Magistrate Judge is correct and that the Petitioner's objections are without merit. It is accordingly

ORDERED that the Petitioner's objections are overruled and that the Report of the Magistrate Judge is ADOPTED as the opinion of the District Court. It is further

ORDERED that the above-styled application for the writ of habeas corpus is DISMISSED with prejudice. It is further

ORDERED that a certificate of appealability in this case is hereby DENIED sua sponte. Finally, it is

ORDERED that any and all motions which may be pending in this action are hereby DENIED.