Opinion
No. 2:03-CV-0114.
July 6, 2004
ORDER OVERRULING OBJECTIONS, ADOPTING REPORT AND RECOMMENDATION, and DISMISSING PETITION FOR A WRIT OF HABEAS CORPUS AS SUCCESSIVE
Came this day for consideration the Petition for a Writ of Habeas Corpus by a Person in State Custody filed by petitioner TOMMIE JOE DENSON. On June 4, 2004, the United States Magistrate Judge issued a Report and Recommendation in this cause, recommending therein that petitioner's application for a writ of habeas corpus be dismissed as successive. Petitioner filed objections to the Magistrate Judge's Report and Recommendation on June 25, 2004, contending therein that the instant application is not successive because it is not "challenging the sole conviction, but merely challenging the destruction of an eligible exhibit namely the alleged victim's biological material which was in the custody of the state at the time of conviction."
The undersigned United States District Judge has made an independent examination of the record in this case and has examined the Report and Recommendation of the Magistrate Judge, as well as the objections filed by petitioner. The District Judge is of the opinion petitioner's objections should be, and hereby are, OVERRULED. The District Judge is of the further opinion the Magistrate Judge's Report and Recommendation should be, and hereby is, ADOPTED. Accordingly, the petition for a writ of habeas corpus filed by petitioner is DISMISSED as successive.
LET JUDGMENT BE ENTERED ACCORDINGLY.
IT IS SO ORDERED.