Galindo v. Cockrell

Full title: ANTONIO GALINDO, Petitioner, v. JANIE COCKRELL, DIRECTOR, T.D.C.J…

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

Date published: Aug 31, 2001

CIVIL ACTION NO. 4:00-CV-1802-Y (N.D. Tex. Aug. 31, 2001)

Opinion

CIVIL ACTION NO. 4:00-CV-1802-Y

August 31, 2001

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

TERRY MEANS, 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 July 19, 2001.

3. The Petitioner's written objections to the proposed findings, conclusions and recommendation of the United States Magistrate Judge filed on August 28, 2001.

The Court, after de novo review, finds and determines that Petitioner's objections must be overruled,² that Petitioner's pending motions should be denied, and that the petition for writ of habeas corpus should be denied for the reasons stated in the magistrate judge's findings and conclusions.

2 Although immaterial to the disposition of this case, in his objections Galindo suggests corrections to the magistrate judge's report in two respects: footnote 1 on page 4 of the report should state Galindo's conviction as "November 1, 1988" rather than "1998;" and the maximum sentence expiration date referenced on page 3 is now June 28, 2002, rather than March 11, 2002. The Court adopts the magistrate judges' findings and conclusions with these changes.

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 Petitioner's motion for a preliminary injunction and for a temporary restraining order [docket no. 10] be, and is hereby, DENIED.

It is further ORDERED that Petitioner's motion for a hearing regarding a request for declaratory judgment [docket no. 26], and his motion for a hearing for a preliminary injunction [docket no. 17], be, and they are, hereby DENIED.

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

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.