Dingler v. 382nd Texas Judicial District Judge et al, No. 3:2019cv02116 - Document 23 (N.D. Tex. 2019)

Court Description: ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: re: 15 Findings and Recommendations on Case. 3 Petition for Writ of Habeas Corpus filed by Joseph Kelly Dingler is DISMISSED without prejudice for failure to exhaust state remedies, and all non-habeas claims are DISMISSED without prejudice to filing them in a civil rights case. (Ordered by Judge Jane J. Boyle on 12/19/2019) (svc)

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Dingler v. 382nd Texas Judicial District Judge et al Doc. 23 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION JOSEPH KELLY DINGLER, #00149118, Petitioner, vs. 382ND JUDICIAL DISTRICT JUDGE, et al., Respondents. ) ) ) ) ) ) ) ) No. 3:19-CV-2116-B (BH) ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE After reviewing all relevant matters of record in this case, including the Findings, Conclusions, and Recommendation of the United States Magistrate Judge and any objections thereto, in accordance with 28 U.S.C. § 636(b)(1), the Court is of the opinion that the Findings and Conclusions of the Magistrate Judge are correct and they are accepted as the Findings and Conclusions of the Court. For the reasons stated in the Findings, Conclusions, and Recommendation of the United States Magistrate Judge, the petition for habeas corpus filed under 28 U.S.C. § 2241 is DISMISSED without prejudice for failure to exhaust state remedies, and all non-habeas claims are DISMISSED without prejudice to filing them in a civil rights case. A certificate of appealability (COA) is not required to appeal in a case under 28 U.S.C. § 2241. See Montano v. Texas, 867 F.3d 540, 547 n.8 (5th Cir. 2017). If the petitioner files a notice of appeal, he must pay the $505.00 appellate filing fee or submit a motion to proceed in forma pauperis and a properly signed certificate of inmate trust account. Dockets.Justia.com SIGNED this 19th day of December, 2019. _________________________________ JANE J. BOYLE UNITED STATES DISTRICT JUDGE 2

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