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17-2008 - Lockwood v. Davis-Director TDCJ-CID


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17-2008 - Lockwood v. Davis-Director TDCJ-CID
December 29, 2017
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FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: The Court should dismiss the construed 28 U.S.C. ยง 2254 habeas application without prejudice to Lockwood's right to fully and properly exhaust state court remedies and serve a copy of any order accepting this recommendation on the Texas Attorney General. Alternatively, the Court should dismiss this action without prejudice under Federal Rule of Civil Procedure 41(b). The Clerk of Court is DIRECTED to serve electronically a copy o f this recommendation and the construed habeas petition on the Texas Attorney General, directed to the attention of Edward L. Marshall, Chief, Criminal Appeals Division, Texas Attorney General's Office, Austin, Texas. (Ordered by Magistrate Judge David L. Horan on 12/29/2017) (axm)
February 2, 2018
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ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE AND DENYING A CERTIFICATE OF APPEALABILITY. (Ordered by Judge David C Godbey on 2/2/2018) (aaa)