THOMAS v. DAVIS

No. 1:15-CV-125-C.

HENRY DAVID THOMAS, Petitioner, v. LORIE DAVIS, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent.

United States District Court, N.D. Texas, Abilene Division.

Editors Note
Applicable Law: 28 U.S.C. § 2254
Cause: 28 U.S.C. § 2254 Petition for Writ of Habeas Corpus (State)
Nature of Suit: 530 Prisoner Pet / Habeas Corpus: General
Source: PACER


Attorney(s) appearing for the Case

Henry Thomas, Petitioner, Pro Se.

William Stephens-Director TDCJ-CID, Respondent, represented by Nathan Tadema , Office of the Texas Attorney General.


ORDER

SAM R. CUMMINGS, Senior District Judge.

Petitioner has filed with this Court a petition for a federal writ of habeas corpus. On April 18, 2017, the United States Magistrate Judge issued a Report and Recommendation in this cause, recommending therein that the instant habeas application be denied. As of this date, no objections to the Magistrate Judge's Report and Recommendation have been filed of record.

Having made an independent examination of the record in this case, the undersigned United States District Judge is of the opinion the Magistrate Judge's Report and Recommendation should be, and hereby is, ADOPTED. Accordingly, the petition for a writ of habeas corpus is hereby DENIED and dismissed with prejudice.

Pursuant to Rule 22 of the Federal Rules of Appellate Procedure and 28 U.S.C. § 2253(c), Petitioner has failed to show that reasonable jurists would (1) find this Court's "assessment of the constitutional claims debatable or wrong," or (2) find "it debatable whether the petition states a valid claim of the denial of a constitutional right" and "debatable whether [this Court] was correct in its procedural ruling," and any request for a certificate of appealability should be denied. Slack v. McDaniel, 529 U.S. 473, 484 (2000).

All relief not expressly granted and any pending motions are denied.

IT IS SO ORDERED.


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