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Payne v. Cockrell

United States District Court, N.D. Texas, Fort Worth Division
Oct 30, 2001
Civil Action No. 4:00-CV-1811-Y (N.D. Tex. Oct. 30, 2001)

Summary

finding that the petitioner's conclusory allegation of judicial vindictiveness was insufficient to warrant federal habeas corpus relief

Summary of this case from Esteves v. Secretary, Department of Corrections

Opinion

Civil Action No. 4:00-CV-1811-Y

October 30, 2001


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


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 September 25, 2001.
3. The Petitioner's written objections to the proposed findings, conclusions and recommendation of the United States Magistrate Judge filed on October 22, 2001.

The Court, after de novo review, finds and determines that Petitioner's objections must be overruled, and that the petition for writ of habeas corpus should be denied for the reasons stated 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 Petitioner's Petition for Writ of Habeas Corpus be, and is hereby, DENIED.

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.


Summaries of

Payne v. Cockrell

United States District Court, N.D. Texas, Fort Worth Division
Oct 30, 2001
Civil Action No. 4:00-CV-1811-Y (N.D. Tex. Oct. 30, 2001)

finding that the petitioner's conclusory allegation of judicial vindictiveness was insufficient to warrant federal habeas corpus relief

Summary of this case from Esteves v. Secretary, Department of Corrections
Case details for

Payne v. Cockrell

Case Details

Full title:RICHARD WILLIAM PAYNE, Petitioner, v. JANIE COCKRELL, DIRECTOR, T.D.C.J.…

Court:United States District Court, N.D. Texas, Fort Worth Division

Date published: Oct 30, 2001

Citations

Civil Action No. 4:00-CV-1811-Y (N.D. Tex. Oct. 30, 2001)

Citing Cases

Payne v. Cockrell

Payne filed a previous federal petition for writ of habeas corpus pursuant to § 2254, in which he challenged…

Esteves v. Secretary, Department of Corrections

Petitioner appears to argue that the trial judge's actions were vindictive; however, Petitioner relies on…