Taylor v. Bowman

District Court, E.D. Texas

Taylor v. Bowman

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS No. 6:21-cv-000285 Michael Ulysses Taylor, Petitioner, V. Senior Warden Jimmy Bowman et al., Respondent.

ORDER Petitioner Michael Taylor, proceeding pro se, filed this appli- cation for writ of habeas corpus under

28 U.S.C. § 2254

complain- ing of the legality of his 2019 conviction for aggravated assault with a deadly weapon. After review of the pleadings and state court records, the magistrate judge issued a report recommending the petition be dismissed as barred by the statute of limitations. Doc. 13. Petitioner filed timely objections. Doc. 18. When timely objections to a magistrate judge’s report and rec- ommendation are filed, the court reviews them de novo. See Douglass v. United Servs. Auto. Ass’n,

79 F.3d 1415, 1420

(5th Cir. 1996). Petitioner’s objections complained that exhibits he filed in his state habeas petition were not delivered to the Texas Court of Crim- inal Appeals in a timely manner. The magistrate judge addressed this claim in the report, stating that infirmities in state habeas corpus pro- ceedings are not a basis for federal habeas relief. See Pridgen v. Dir., TDCJ-CID,

2019 WL 1760079

(E.D. Tex. Apr. 21, 2019) (a chal- lenge to procedures employed by the state habeas court did not pro- vide any basis for setting aside the state habeas court’s resolution of the petitioner’s claims). The magistrate judge also observed that pe- titioner did not seek rehearing or reconsideration of his state habeas petition after the Court of Criminal Appeals received the exhibits. Petitioner’s objections do not controvert or even mention the mag- istrate judge’s conclusions. His objections are without merit.

Having reviewed the magistrate judge’s report de novo, and being satisfied that it contains no error, the court overrules peti- tioner’s objections and accepts its findings and recommendation. The petition for writ of habeas corpus is dismissed with prejudice. A certificate of appealability is denied sua sponte. So ordered by the court on March 16, 2022.

jf CAMPBELL BARKER United States District Judge

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Reference

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