ENOS v. COCKRELL

Full title: DAVID ENOS, Petitioner, vs. JANIE COCKRELL, Director, Texas Department of…

Court: United States District Court, N.D. Texas, Fort Worth Division

Date published: Sep 18, 2001

CIVIL ACTION NO. 4:01-CV-266-Y (N.D. Tex. Sep. 18, 2001)

Opinion

CIVIL ACTION NO. 4:01-CV-266-Y.

September 18, 2001.

ORDER ADOPTING MAGISTRATE JUDGE'S FINDINGS AND CONCLUSIONS (With Special Instructions to Clerk of the Court)

TERRY R. MEANS, United States District Judge.

The Court has made an independent review of the following matters in the above-styled and numbered cause:

1. The pleadings and record;

2. The proposed findings, conclusions, and recommendation of the United States Magistrate Judge filed on August 22, 2001.

3. The Petitioner's written objections to the proposed findings, conclusions and recommendation of the United States Magistrate Judge filed on September 12, 2001 along with a supplement to the objections filed on September 14, 2001.

The Court, after de novo review, finds and determines that Petitioner's objections must be overruled,¹ and that the Respondent's Motion to Dismiss as Moot should be granted, and that the petition for writ of habeas corpus should be dismissed with prejudice, for the reasons stated in the magistrate judge's findings and conclusions.

1 Enos contends that his challenge to whether he was entitled to bond pending appeal is not moot since he has filed a second petition for discretionary review, contact with the clerk, Texas court of criminal Appeals ("CCA"), however, shows that Enos's petition for discretionary review (CCA cause number 0305-01), filed in the second court of Appeals on June 25, 2001, was forwarded to the CCA on July 5, 2001, and denied with no action taken on August 1, 2001. The court takes judicial notice of the relevant dates of record of the PDR proceedings in the office of the clerk, Texas court of criminal Appeals. See generally FED. R. EVID. 201; see also Zimmerman v. Spears, 565 F.2d 310, 312 (5th Cir. 1977) (judicial notice taken of earlier habeas proceedings in different court).

It is therefore ORDERED that the findings, conclusions, and recommendation of the magistrate judge should be, and are hereby,

ADOPTED.

It is further ORDERED that Respondent's June 26, 2001 Motion to Dismiss as Moot (docket no. 13] be, and is hereby, GRANTED.

It is further ORDERED that Petitioner's Petition for Writ of Habeas Corpus be, and is hereby, DISMISSED WITH PREJUDICE.

It is further ORDERED that the clerk of the Court shall transmit a copy of this order to Petitioner by certified mail, return receipt requested.