Dale v. Dretke

Full title: MICHAEL STUART DALE v. DOUG DRETKE

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

Date published: Nov 18, 2005

CIVIL ACTION NO. 4:02cv340 (E.D. Tex. Nov. 18, 2005)

Opinion

CIVIL ACTION NO. 4:02cv340.

November 18, 2005

MEMORANDUM ORDER OVERRULING PETITIONER'S OBJECTIONS AND ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION

PAUL BROWN, Senior District Judge

Petitioner Michael Stuart Dale, an inmate confined in the Texas Department of Criminal Justice, Correctional Institutions Division, brought this petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254.

The court referred this matter to the Honorable Don D. Bush, United States Magistrate Judge, at Sherman, Texas, for consideration pursuant to applicable laws and orders of this court. The Magistrate Judge recommends the petition be denied.

The court has received and considered the Report and Recommendation of United States Magistrate Judge filed pursuant to such order, along with the record, pleadings and all available evidence. Petitioner filed objections to the magistrate judge's Report and Recommendation. This requires a de novo review of the objections in relation to the pleadings and the applicable law. See FED. R. CIV. P. 72(b). After careful consideration, the court concludes Petitioner's objections are without merit.

ORDER

Accordingly, Petitioner's objections are OVERRULED. The findings of fact and conclusions of law of the magistrate judge are correct and the report of the magistrate judge is ADOPTED. A final judgment will be entered in this case in accordance with the magistrate judge's recommendations.