Opinion
2:12-CV-261
01-24-2013
SHANE MATHIS, Petitioner, v. RICK THALER, Director, Texas Dep't of Criminal Justice, Institutional Division, Respondent.
ORDER OVERRULING OBJECTIONS.
ADOPTING REPORT AND RECOMMENDATION
and DENYING PETITION FOR A WRIT OF HABEAS CORPUS
Petitioner has filed with this Court a petition for a federal writ of habeas corpus. On January 3, 2013, the United States Magistrate Judge issued a Report and Recommendation in this cause, recommending therein that the instant habeas petition be denied. On January 17, 2013, petitioner filed objections to the Magistrate Judge's Report and Recommendation.
The undersigned United States District Judge has made an independent examination of the record in this case and has considered the objections made by petitioner to the Report and Recommendation. The objections filed by petitioner are hereby OVERRULED. See Orellana v. Kyle, 65 F.3d 29, 32 (5th Cir. 1995) (holding Texas statute does not convey upon its prisoners a liberty interest in parole and, consequently, a Texas prisoner cannot complain in federal habeas corpus proceedings of the constitutionality of parole decisions or factors implicating such determinations).
The Magistrate Judge's Report and Recommendation is ADOPTED. Accordingly, the petition for a writ of habeas corpus is DENIED.
IT IS SO ORDERED.
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MARY LOU ROBINSON
UNITED STATES DISTRICT JUDGE