Garza v. Dretke

Full title: MANUEL GARZA, Petitioner, v. DOUGLAS DRETKE, Director, Texas Department of…

Court: United States District Court, N.D. Texas, Amarillo Division

Date published: Jul 12, 2004

No. 2:04-CV-0109 (N.D. Tex. Jul. 12, 2004)

Opinion

2:04-CV-0109.

July 12, 2004

ORDER OVERRULING OBJECTIONS, ADOPTING REPORT AND RECOMMENDATION, AND DENYING PETITION FOR A WRIT OF HABEAS CORPUS

MARY ROBINSON, District Judge

Petitioner MANUEL GARZA, has filed with this Court a petition for a writ of habeas corpus. On June 9, 2004, the United States Magistrate Judge issued a Report and Recommendation in this cause, recommending therein that the petition for a writ of habeas corpus be denied. Petitioner filed objections to the Magistrate Judge's Report and Recommendation on June 17, 2004. The Magistrate Judge entered, the same date, a Supplemental Report and Recommendation correcting petitioner's conviction information to properly reflect such conviction was for the offense of aggravated assault, not aggravated sexual assault.

The undersigned United States District Judge has made an independent examination of the record in this case and has considered petitioner's objections to the Report and Recommendation. Such objections have been addressed by the Supplemental Report and Recommendation and the District Judge is of the opinion petitioner's objections should be, and hereby are, OVERRULED. The District Judge is of the further opinion that the Magistrate Judge's Report and Recommendation and Supplemental Report and Recommendation should be, and hereby are, ADOPTED.

Accordingly, the petition for a writ of habeas corpus filed by petitioner is DENIED.

IT IS SO ORDERED.