UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION JOSEPH KELLY DINGLER, ) #00149118, ) Petitioner, ) vs. ) No. 3:19-CV-2116-B (BH) ) 382ND JUDICIAL DISTRICT ) JUDGE, et al., ) Respondents. ) ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE After reviewing all relevant matters of record in this case, including the Findings, Conclu- sions, and Recommendation of the United States Magistrate Judge and any objections thereto, in accordance with

(b)(1), the Court is of the opinion that the Findings and Conclu- sions 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

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

. See Montano v. Texas,

, 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. SIGNED this day of December, 2019.

JANE J. BOY UTED ST S DISTRICT JUDGE