Schreckhise v. Johnson

Full title: RICHARD LEE SCHRECKHISE, Petitioner, v. GARY L. JOHNSON, Director, Texas…

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

Date published: Feb 2, 2001

2:99-CV-0223 (N.D. Tex. Feb. 2, 2001)

Opinion

2:99-CV-0223

February 2, 2001

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

MARY LOU ROBINSON, UNITED STATES DISTRICT JUDGE.

Came this day for consideration the petition for a writ of habeas corpus filed by petitioner RICHARD LEE SCHRECKHISE. On January 16, 2001, the United States Magistrate Judge issued a Report and Recommendation in this cause, recommending therein that respondent GARY L. JOHNSON's motion to dismiss as time-barred be granted, and petitioner's application for a writ of habeas corpus be dismissed. Petitioner filed objections to the Magistrate Judge's Report and Recommendation on January 29, 2001.

The undersigned United States District Judge has made an independent examination of the record in this case and has examined the Report and Recommendation of the Magistrate Judge, as well as the objections filed by petitioner. The District Judge is of the opinion petitioner's objections should be, and hereby are, OVERRULED. The District Judge is of the further opinion that the Magistrate Judge's Report and Recommendation should be, and hereby is, ADOPTED. Accordingly, respondent's motion to dismiss the petition as time-barred is GRANTED, and the petition for a writ of habeas corpus filed by petitioner is DISMISSED.

LET JUDGMENT BE ENTERED ACCORDINGLY.

IT IS SO ORDERED

JUDGMENT

Of equal date herewith, the undersigned District Judge has entered an Order adopting the Report and Recommendation issued by United States Magistrate Judge, and dismissing petitioner's application for a writ of habeas corpus.

JUDGMENT IS ENTERED ACCORDINGLY.

IT IS SO ORDERED.