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BARRY MARTIN, #1641901 v. DIRECTOR, TDCJ-CID

MICHAEL H. SCHNEIDER

ORDER OF DISMISSAL

The above-entitled and numbered civil action was referred to a United States Magistrate, who issued a Report and Recommendation concluding that the petition for a writ of habeas corpus should be dismissed without prejudice for failure to exhaust state remedies. Petitioner filed objections.

The Report of the Magistrate Judge, which contains his proposed findings of fact and recommendations for the disposition of such action, has been presented for consideration. Having made a de novo review of the objections raised by Petitioner to the Report, the Court is of the opinion that the findings and conclusions of the Magistrate Judge are correct and the objections of Petitioner are without merit. The Court hereby adopts the findings and conclusions of the Magistrate Judge as the findings and conclusions of the Court. It is accordingly

ORDERED that the petition for a writ of habeas corpus is DISMISSED without prejudice. It is further ORDERED that all motions not previously ruled on are hereby DENIED.

It is SO ORDERED.

____________________________


MICHAEL H. SCHNEIDER


UNITED STATES DISTRICT JUDGE


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Martin v. Dir. TDCJ-CID
(Jan 3, 2012)