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17-003 - Harvin v. Davis-Director TDCJ-CID


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17-003 - Harvin v. Davis-Director TDCJ-CID
June 29, 2017
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FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: Because Petitioner has not shown that he is entitled to equitable tolling of his time-barred claims relating to his plea of nolo contendere in his habeas petition, the undersigned RECOMMENDS that claims 1 through 5 and 13 through 16 of the Petition for Writ of Habeas Corpus (ECF No. 1) be DISMISSED with prejudice as time-barred. (Ordered by Magistrate Judge Hal R. Ray, Jr on 6/29/2017) (plp)
August 2, 2017
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ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE. After reviewing the Findings, Conclusions, and Recommendation of the United States Magistrate Judge and conducting a de novo review of those parts of the Findings and Conclusions to which objections have been made, I am of the opinion that the Findings and Conclusions of the Magistrate Judge are correct and they are accepted as the Findings and Conclusions of the Court. Accordingly, claims 1 through 5 and 13 through 16 of the Petition for Writ of Habeas Corpus (ECF No. 1) are DISMISSED with prejudice as time-barred. (Ordered by Chief Judge Barbara M.G. Lynn on 8/2/2017) (trt) Modified text on 8/3/2017 (skg).