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PATRICK WADE STODDARD, Petitioner, VS. GARY JOHNSON, Director, Texas Department of Criminal Justice, Institutional Division, Respondent

ORDER ADOPTING MAGISTRATE JUDGE'S FINDINGS AND CONCLUSIONS (With Special Instructions to Clerk of the Court)

TERRY MEANS, District Judge

The Court has made an independent review of the following matters in the above-styled and numbered cause:

1. The pleadings and record;

2. The proposed findings, conclusions, and recommendation of the United States Magistrate Judge filed on January 26, 2001.
3. The Petitioner's written objections to the proposed findings, conclusions and recommendation of the United States Magistrate Judge filed on February 15, 2001.

The Court, after de novo review, finds and determines that Petitioner's objections must be overruled, that the petition for writ of habeas corpus should be denied as to all claims for the reasons stated in the magistrate judge's findings and conclusions; and, in the alternative, that the Respondent's Motion to Dismiss claims number four and five under 28 U.S.C. § 2244(d) should be granted, and those claims dismissed with prejudice, for the reasons set forth in the magistrate judge's findings and conclusions.

It is therefore ORDERED that the findings, conclusions, and recommendation of the magistrate judge should be, and are hereby, ADOPTED.

It is further ORDERED that Respondent's August 7, 2000 Partial Motion to Dismiss as Time Barred pursuant to 28 U.S.C. § 2244(d) [docket no. 16] be, and is hereby, GRANTED.

It is further ORDERED that all of Petitioner's claims in the petition for writ of habeas corpus be, and they are hereby, DENIED.

In the alternative, it is ORDERED that petitioner Stoddard's claims number four and number five in his petition for writ of habeas corpus, be, and they are hereby, DISMISSED WITH PREJUDICE.

It is further ORDERED that the clerk of the Court shall transmit a copy of this order to Petitioner by certified mail, return receipt requested.

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STODDARD v. JOHNSON, (N.D.Tex. 2001)
(Feb 26, 2001)