Johnson v. Dretke

Full title: R. WAYNE JOHNSON, Petitioner, v. DOUGLAS DRETKE, Director, Texas…

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

Date published: Apr 8, 2005

No. 2:03-CV-0361 (N.D. Tex. Apr. 8, 2005)

Opinion

No. 2:03-CV-0361.

April 8, 2005

ORDER OVERRULING OBJECTIONS, ADOPTING REPORT AND RECOMMENDATION, GRANTING RESPONDENT'S MOTION TO DISMISS AS MOOT and DISMISSING PETITION FOR A WRIT OF HABEAS CORPUS

MARY ROBINSON, District Judge

Petitioner has filed a petition for a writ of habeas corpus wherein he challenges the result of a state prison disciplinary proceeding. On March 28, 2005, the United States Magistrate Judge issued a Report and Recommendation in this cause, recommending therein that a motion to dismiss filed by respondent be granted, and that petitioner's habeas application be dismissed as moot. Petitioner filed objections to the Report and Recommendation on April 6, 2005.

The undersigned United States District Judge has made an independent examination of the record in this case. Petitioner's objections are without merit and are hereby OVERRULED. The Magistrate Judge's Report and Recommendation is hereby ADOPTED. Accordingly, respondent's motion to dismiss is GRANTED and the petition for a writ of habeas corpus filed by petitioner is DISMISSED.

IT IS SO ORDERED.