Summary
holding that deferred adjudication probation is not a final judgment for purposes of 28 U.S.C. § 2244
Summary of this case from Caldwell v. DretkeOpinion
Civil Action No. 3:01-CV-1370-L
August 12, 2002
ORDER
This is a habeas case brought pursuant to 28 U.S.C. § 2254. Petitioner is an inmate in the custody of the Texas Department of Criminal Justice, Institutional Division. Pursuant to 28 U.S.C. § 636 (b), and an order of the court in implementation thereof, this action was referred to the United States magistrate judge for proposed findings and recommendation. On March 27, 2002, the Findings and Recommendation of the United States Magistrate Judge were filed. Respondent filed her objections on April 12, 2002. Petitioner filed his objections on April 15, 2002.
After an independent review of the pleadings, the record, the findings and conclusions of the magistrate judge, and the applicable law, the court concludes that the findings and conclusions are correct. The objections of the Petitioner and the Respondent are overruled. The court hereby accepts the findings and conclusions of the magistrate judge as those of the court. Accordingly, for the reasons stated in the magistrate judge's report, Petitioner's request for habeas corpus relief under 28 U.S.C. § 2254 is denied.
It is so ordered