IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION

§ TURNER MYER, III, § § Petitioner, § § v. § Case No. 6:18-CV-648-JDK-KNM § TDCJ-CID DIRECTOR, § § Respondent. §

ORDER ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE

Petitioner Turner Myer, III, an inmate proceeding pro se, filed the above-styled and numbered petition for writ of habeas corpus. This case was referred to United States Magistrate Judge K. Nicole Mitchell pursuant to

. On November 19, 2019, the Magistrate Judge issued a Report and Recommendation (Docket No. 34), recommending that the petition be dismissed as successive.

a 2. Petitioner filed objections on December 5, 2019. Docket No. 36. In his objections, Petitioner does not object to any specific portion of the Magistrate Judge’s report and recommendation and instead restates his claim that he is actually innocent. But these claims do not dispute the Magistrate Judge’s conclusions that the petition is successive and that the Court lacks jurisdiction to consider his claims until he obtains permission from the Fifth Circuit to file a successive petition. See Crone v. Cockrell,

(5th Cir. 2003). Petitioner’s objections therefore fail. Having made a de novo review of the objections raised by Petitioner to the Magistrate Judge’s Report, the Court is of the opinion that the findings and conclusions of the Magistrate Judge are correct and Petitioner’s objections are without merit. The Court therefore adopts the findings and conclusions of the Magistrate Judge as the findings and conclusions of the Court. Accordingly, it is hereby ORDERED that the Report and Recommendation (Docket No. 34) be ADOPTED. It is further ORDERED that the petition for a writ of habeas corpus is DISMISSED WITH PREJUDICE as to its refiling without permission from the Fifth Circuit to file a successive petition, but without prejudice to its refiling once such permission is obtained. All motions not previously ruled on are DENIED. A certificate of appealability is DENIED sua sponte. The denial of the certificate of appealability relates only to an appeal of the present case and shall have no effect upon the Petitioner’s right to seek permission from the Fifth Circuit to file a successive petition.

So ordered and signed on this , p “mee JERQMY D/KERNODIE UNITED STATES DISTRICT JUDGE

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