Thomas v. Johnson

Full title: DARYL THOMAS, Petitioner, v. GARY L. JOHNSON, Director, Texas Department…

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

Date published: Feb 2, 2001

2:99-CV-0349 (N.D. Tex. Feb. 2, 2001)

Opinion

2:99-CV-0349

February 2, 2001

ORDER ADOPTING REPORT AND RECOMMENDATION, AND DISMISSING PETITION FOR A WRIT OF HABEAS CORPUS

MARY LOU ROBINSON, UNITED STATES DISTRICT JUDGE.

Came this day for consideration the petition for writ of habeas corpus filed by petitioner DARYL THOMAS. On January 16, 2001, the United States Magistrate Judge issued a Report and Recommendation in this cause recommending therein that the petition be dismissed without prejudice for failure to exhaust state court remedies. No objections to the Magistrate Judge's Report and Recommendation have been filed of record.

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. The District Judge is of the opinion that the Magistrate Judge's Report and Recommendation should be, and hereby is, ADOPTED. Accordingly, the petition for a writ of habeas corpus filed by petitioner is DISMISSED without prejudice.

LET JUDGMENT BE ENTERED ACCORDINGLY.

The United States District Clerk is directed to mail a file-marked copy of this Order to petitioner and to each attorney of record by first class U.S. mail.

IT IS SO ORDERED.

JUDGMENT

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

JUDGMENT IS ENTERED ACCORDINGLY.

The United States District Clerk shall mail a file-marked copy of this Judgment to petitioner and a copy to each attorney of record by first class mail.

IT IS SO ORDERED.