Brown v. Director, TDCJ-CID
Kevin Mark Brown |
Director, TDCJ-CID |
6:2012cv00612 |
September 7, 2012 |
US District Court for the Eastern District of Texas |
Tyler Office |
Anderson |
John D. Love |
Michael H. Schneider |
General |
28 U.S.C. ยง 2254 |
None |
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Filing 7 ORDER ADOPTING 4 Report and Recommendations and overruling objections. The application for writ of habeas corpus is DISMISSED without prejudice, with refiling conditioned upon Brown's receiving permission from the Fifth Circuit Court of Appeal s to file a second or successive petition. To the extent that Brown complains of the denial of his previous federal habeas petition in thepresent one, such complaint is DISMISSED with prejudice. Petitioner is hereby DENIED a certificate of appealabil ity sua sponte. This denial relates only to an appeal of the present case; neither the denial of the certificate of appealability nor the dismissal of this complaint shall prevent Brown from seeking permission from the Fifth Circuit Court of Appeals to file a successive complaint challenging his convictions. Any and all motions which may be pending in this civil action are hereby DENIED. Signed by Judge Michael H. Schneider on 11/02/12. cc:petr 11-02-12(mll, ) |
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Petitioner: Kevin Mark Brown | |
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Respondent: Director, TDCJ-CID | |
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