Marshall v. Thaler

Full title: BUCK EDWARD MARSHALL, JR., TDCJ #1161230, Petitioner, v. RICK THALER…

Court: UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS WICHITA FALLS DIVISION

Date published: Jul 30, 2012

Civil No. 7:10-CV-089-O-BL (N.D. Tex. Jul. 30, 2012)

Opinion

Civil No. 7:10-CV-089-O-BL

07-30-2012

BUCK EDWARD MARSHALL, JR., TDCJ #1161230, Petitioner, v. RICK THALER, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent.

Reed O'Connor

ORDER ACCEPTING FINDINGS AND RECOMMENDATION

OF THE UNITED STATES MAGISTRATE JUDGE

After making an independent review of the pleadings, files and records in this case, and of the Report and Recommendation of the United States Magistrate Judge, I am of the opinion that the findings of fact, conclusions of law, and reasons for dismissal set forth in the Report and Recommendation of the Magistrate Judge are correct and they are hereby adopted and incorporated by reference as the Findings of the Court.¹

1 Petitioner did not file objections to the Magistrate Judge's Report and Recommendation.
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Accordingly, to the extent that Petitioner attacks his conviction, the petition is DISMISSED without prejudice as successive.

The Court further finds that, to the extent the petition attacks a non-existent conviction, the petition is DISMISSED with prejudice.

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Reed O'Connor

UNITED STATES DISTRICT JUDGE