Opinion
Civil Action No. 7:18-cv-163-O-BP
10-29-2019
FRANK CHARLES ELDRIGE, JR., TDCJ No. 2066581, Petitioner, v. LORIE DAVIS, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent.
ORDER ACCEPTING FINDINGS , CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
This is a habeas action brought pursuant to 28 U.S.C. § 2254 in which Petitioner challenges his Victoria County, Texas, conviction for the offense of aggravated assault with a deadly weapon. The United States Magistrate Judge entered his Findings, Conclusions, and Recommendation in which he recommends that the petition be denied. See ECF No. 19. Objections were filed by Petitioner. ECF No. 20. The District Court reviewed de novo those portions of the Findings, Conclusions, and Recommendation to which objections were made, and reviewed the remaining Findings, Conclusions, and Recommendation for plain error. Finding no error, I am of the opinion that the findings of fact, conclusions of law, and reasons for denial set forth in the Magistrate Judge's Recommendation are correct and they are hereby adopted and incorporated by reference as the Findings of the Court.
Accordingly, the petition for writ of habeas corpus is DENIED.
SO ORDERED this 29th day of October 2019.
/s/ _________
Reed O'Connor
UNITED STATES DISTRICT JUDGE