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Moore v. Stephens

United States District Court, Fifth Circuit

December 20, 2013

ANTHONY DEXTER MOORE,
v.
WILLIAM STEPHENS, Director, Texas Dept. of Criminal Justice-Correctional Institutions Division

REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE

ANDREW W. AUSTIN, Magistrate Judge.

The Magistrate Judge submits this Report and Recommendation to the District Court pursuant to 28 U.S.C. § 636(b) and Rule 1(e) of Appendix C of the Local Court Rules of the United States District Court for the Western District of Texas, Local Rules for the Assignment of Duties to United States Magistrates, as amended, effective December 1, 2002.

Before the Court is Petitioner's Application for Habeas Corpus Relief under 28 U.S.C. § 2254 (Document 1). Petitioner, proceeding pro se, has been granted leave to proceed in forma pauperis. For the reasons set forth below, the undersigned finds that Petitioner's application for writ of habeas corpus should be dismissed.

I. STATEMENT OF THE CASE

A. Petitioner's Criminal History

According to Petitioner, the Director has custody of him pursuant to a judgment and sentence of the 331st Judicial District Court of Travis County, Texas. After entering a guilty plea, Petitioner was convicted of possession of a prohibited weapon and was sentenced to three years in prison on July 31, 1991. Petitioner did not appeal his conviction or sentence.

He did, however, challenge his conviction in three state applications for habeas corpus relief. The first application was denied without written order on the findings of the trial court without a hearing on January 29, 1997. Ex parte Moore, No. 26, 596-02. The second was dismissed as successive on July 8, 1998. Ex parte Moore, No. 26, 596-04. The third was dismissed as successive on July 31, 2013. Ex parte Moore, No. 26, 596-05.

B. Petitioner's Grounds for Relief

Petitioner raises the following grounds for relief:

1. He was not arraigned or indicted on the offense "possession of a prohibited weapon" on July 31, 1991;
2. Petitioner pleaded guilty to the felony offense of possession of a prohibited weapon but thought he was pleading guilty to unlawfully carrying a weapon; and
3. Petitioner's sentence is illegal.

II. DISCUSSION AND ...


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