Opinion
CIVIL ACTION NO. 7:18-CV-253
10-26-2018
CHRISTOPHER LYNN FISHER v. LORIE DAVIS, Director, Texas Department of Criminal Justice, Correctional Institutions Division.
ORDER ADOPTING REPORT AND RECOMMENDATION
Pending before the Court is Petitioner's petition for a writ of habeas corpus pursuant to 28 U.S.C § 2254, which petition had been referred to the Magistrate Court for a report and recommendation. On September 11, 2018, the Magistrate Court issued the Report and Recommendation, recommending that Petitioner's § 2254 Petition be DISMISSED without prejudice and that a Certificate of Appealability be DENIED upon the issuance of this Court's final order. Also, pending before the Court are Petitioner's objections to the Report and Recommendation.
Pursuant to Federal Rule of Civil Procedure 72(b), the Court has conducted a de novo review of the Report and Recommendation. Finding no clearly erroneous error, the Court adopts the Report and Recommendation in its entirety. Accordingly, Petitioner's § 2254 Petition is DISMISSED without prejudice. A Certificate of Appealability is DENIED.
SO ORDERED this 26th day of October, 2018, at McAllen, Texas.
/s/_________
Randy Crane
United States District Judge