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15-2938 - Henderson v. Davis, Director TDCJ-CID


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15-2938 - Henderson v. Davis, Director TDCJ-CID
June 20, 2016
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FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: The Court recommends that the 3 petition for a writ of habeas corpus be dismissed with prejudice as barred by the one-year limitation period, See 28 U.S.C. §2244(d), and that Petitioner's 17 motion for summary judgment be denied. (Ordered by Magistrate Judge Paul D Stickney on 6/20/2016) (sss)
July 6, 2016
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ORDER ACCEPTING 20 FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE, AND DENYING CERTIFICATE OF APPEALABILITY: Petitioner filed objections, and the District Court has made a de novo review of those portions of the proposed findings and recommendation to which objection was made. The objections are overruled, and the Court ACCEPTS the Findings, Conclusions and Recommendation of the United States Magistrate Judge. Considering the record in this case and pursuant to Federal Rule of Appellate Procedure 22(b), Rule 11(a) of the Rules Governing §§ 2254 and 2255 proceedings, and 28 U.S.C. § 2253(c), the Court DENIES a certificate of appealability. (Ordered by Judge David C Godbey on 7/6/2016) (bdb)