Earle et al v. Brown et al
| Sean Earle and Linda Gale Jones |
| Joy Parker, State of Texas, Patrick A Daley, Jim Brown, Jim Wheeler, Joey Fenlaw and Timothy Boswell |
| 6:2013cv00222 |
| March 6, 2013 |
| US District Court for the Eastern District of Texas |
| Tyler Office |
| Wood |
| Judith K. Guthrie |
| Michael H. Schneider |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2241 s Petition for Writ of Habeas Corpus (State) |
| None |
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Filing
26
MEMORANDUM ORDER ADOPTING REPORT AND RECOMMENDATIONS. Petitioner's objections are overruled and the Report of the Magistrate Judge 20 is ADOPTED as the opinion of the District Court. Respondent's motion to dismiss 14 is hereby GRANTED a nd this application for writ of habeas corpus is DISMISSED WITHOUT PREJUDICE for failure to exhaust state remedies. Petitioner Sean Earle is hereby DENIED a certificate of appealability sua sponte. The denial of this certificate refers only to an app eal of this case and shall have no effectupon the Petitioner's right to pursue his claims in state court or to refile his petition in federal court once his state remedies are exhausted, if he does not receive the relief sought in state court. Any and all motions which may be pending in this civil action are hereby DENIED. Signed by Judge Michael H. Schneider on 12/12/13. (mll, )
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