Opinion
Civil Action No. 3:04-CV-2599-G.
April 21, 2005
OPINION AND ORDER
After reviewing the objections to the findings, conclusions, and recommendation ("Findings") of the United States Magistrate Judge and conducting a de novo review of those parts of the Findings to which objections have been made, I am of the opinion that the Findings of the magistrate judge are correct and they are accepted as the Findings of the court, except that the quotation on page 2, lines 14-17, should read:
resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States; or resulted in a decision that was based on an unreasonable determination of the facts in light of the evidence presented in the State court proceeding.
Additionally, the following citations should be corrected: (1) on page 3, lines 23-24, the citation should read "see also Allison v. Kyle, 66 F.3d 71, 74 (5th Cir. 1995);" (2) on page 3, lines 24-25, the citation should read "Orellana v. Kyle, 65 F.3d 29, 31-32 (5th Cir. 1995), cert. denied, 516 U.S. 1059, 116 S.Ct. 736 (1996);" (3) on page 3, line 25, the citation should read " Gilbertson v. Texas Board of Parole and Pardons, 993 F.2d 74, 75 (5th Cir. 1993);" and (4) on page 4, line 1, the citation should read " Creel v. Keene, 928 F.2d 707, 711-12 (5th Cir. 1991)."
It is therefore ORDERED that the Findings, as modified herein, are ADOPTED as the findings and conclusions of the court.