Opinion
CIVIL ACTION NO. 6:11cv205
10-31-2011
SHELBY WAYNE FIFE, #1039740 v. DIRECTOR, TDCJ-CID
ORDER OF DISMISSAL
Petitioner Shelby Wayne Fife, an inmate confined in the Texas prison system, proceeding pro se, filed the above-entitled and numbered petition for a writ of habeas corpus regarding the revocation of his parole and subsequent denial of credit for street time. The petition was referred to United States Magistrate Judge Judith K. Guthrie, who issued a Third Report and Recommendation concluding that the petition for a writ of habeas corpus should be dismissed as time-barred. The Petitioner has filed objections.
The Report of the Magistrate Judge, which contains her proposed findings of fact and recommendations for the disposition of such action, has been presented for consideration, and having made a de novo review of the objections raised by the Petitioner to the Report, the Court is of the opinion that the findings and conclusions of the Magistrate Judge are correct and the objections of the Petitioner are without merit. Therefore the Court hereby adopts the findings and conclusions of the Magistrate Judge as the findings and conclusions of the Court. It is accordingly
ORDERED that the Director's motion to dismiss (docket entry #23) is GRANTED. It is further
ORDERED that the petition for a writ of habeas corpus is DISMISSED with prejudice as time-barred. It is further
ORDERED that a certificate of appealability is DENIED. It is finally
ORDERED that all motions not previously ruled on are hereby DENIED.
LEONARD DAVIS
UNITED STATES DISTRICT JUDGE