UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION KEVIN DALE SHEFFIELD, ) #126026903, ) Petitioner, ) vs. ) No. 3:20-CV-550-B (BH) ) THE STATE OF TEXAS, ) Respondent. ) 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 writ of habeas corpus filed under

is DISMISSED without prejudice for failure to exhaust state remedies. 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 7 day of April, 2020.

JANE J. BOY UWMITED STATES DISTRICT JUDGE

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