IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION

JASON SCOTT CLARK, § # 90381, § Petitioner, § § v. § No. 3:24-CV-2796-D § HUNT COUNTY SHERIFF § DEPARTMENT, et al., § Respondents. § ORDER

After reviewing all relevant matters of record in this case, including the findings, conclu- sions, and recommendation of the United States Magistrate Judge, in accordance with

(b)(1), the court is of the opinion that the findings and conclusions of the magistrate judge are correct, and they are adopted as the findings and conclusions of the court. For the reasons stated in the findings, conclusions, and recommendation of the United States Magistrate Judge, by separate judgment any habeas claims in the Petition for a Writ of Habeas Corpus Under

, received on November 5, 2024 (Dkt. No. 3), will be dismissed without prejudice for failure to exhaust state remedies, and any non-habeas civil claims will be dismissed without prejudice to seeking relief in Civil Action No. 3:24-CV-1740-D or Civil Action No. 3:24-CV-2553-L-BK, pending in this court. A certificate of appealability is not required to appeal the denial of relief under

. See Padilla v. United States,

(5th Cir. 2005) (per curiam). If the petitioner files a notice of appeal, he must pay the $605.00 appellate filing fee or submit a motion to proceed in forma pauperis and a properly signed certificate of inmate trust account. SO ORDERED.

January 6, 2025.

____________________________________ SIDNEY A. FITZWATER SENIOR JUDGE