AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Judges

MARCEL MIDDLETON, #173488 v. SHERIFF, SMITH COUNTY, TEXAS.

ORDER ADOPTING REPORT AND RECOMMENDATION

MICHAEL SCHNEIDER, District Judge

The Court referred the above-entitled and numbered civil action to United States Magistrate Judge John D. Love. The Magistrate Judge presented for consideration the Magistrate Judge's Report, containing proposed findings of fact and recommendations for dismissing this case as moot because Petitioner has been released from custody.

Respondent filed objections to the Report. Respondent contends that the Director of TDCJ-CID is not the proper Respondent because Petitioner has never been in the custody of TDCJ-CID, but was in the custody of the Sheriff of Smith County, Texas. This Court made a de novo review of Respondent's objections and determined that they have merit.

This Court finds that the Magistrate Judge's conclusions for disposition of this case are correct, and adopts them as the Court's conclusions. The Court therefore

ORDERS that Respondent's motion to dismiss the Director of TDCJ-CID as a Respondent is GRANTED;

ORDERS the Clerk of Court to correct the docket sheet to show that the proper Respondent in this case is Sheriff of Smith County, Texas; and

ORDERS, ADJUDGES, and DECREES that this action is DISMISSED WITH PREJUDICE; ORDERS that Petitioner is DENIED a certificate of appealability; and

ORDERS that all motions not previously ruled on are denied.

Use AI to get other relevant cases.

Comments

MIDDLETON v. SHERIFF, SMITH COUNTY, TEXAS (E.D.Tex. 2-5-2007)
(Feb 5, 2007)