Penigar v. Dretke

Full title: KIERON DEREK PENIGAR, Petitioner, v. DOUGLAS DRETKE, Director, T.D.C.J.…

Court: United States District Court, N.D. Texas, Fort Worth Division

Date published: Apr 26, 2004

Civil Action No. 4:04-CV-234-Y (N.D. Tex. Apr. 26, 2004)

Opinion

Civil Action No. 4:04-CV-234-Y.

April 26, 2004

ORDER ADOPTING MAGISTRATE JUDGE'S FINDINGS AND CONCLUSIONS

TERRY MEANS, District Judge

In this action brought by petitioner Kieron Derek Penigar under 28 U.S.C. § 2254, the Court has made an independent review of the following matters in the above-styled and numbered cause:

1. The pleadings and record;

2. The proposed findings, conclusions, and recommendation of the United States magistrate judge filed on April 1, 2004; and

3. The petitioner's written objections to the proposed findings, conclusions, and recommendation of the United States magistrate judge filed on April 14, 2004.

The Court, after de novo review, finds and determines that Petitioner's objections must be overruled, and that the petition for writ of habeas corpus should be dismissed for the reasons stated in the magistrate judge's findings and conclusions.

It is therefore ORDERED that the findings, conclusions, and recommendation of the magistrate judge should be, and are hereby, ADOPTED.

It is further ORDERED that Petitioner's Petition for Writ of Habeas Corpus be, and is hereby, DISMISSED WITHOUT PREJUDICE to his right to file a motion in the United States Court of Appeals for the Fifth Circuit for leave to file a successive petition.