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Olsovsky v. Stephens

United States District Court, Fifth Circuit

January 6, 2014

DARRELL GENE OLSOVSKY, #1720783
v.
WILLIAM STEPHENS, DIRECTOR

ORDER ADOPTING REPORT AND RECOMMENDATION

GREGG COSTA, District Judge.

On December 10, 2013, Magistrate Judge John R. Froeschner submitted a Report and Recommendation to this Court in which he recommended the dismissal, without prejudice, of the habeas petition of Darrell Gene Olsovsky. On December 30, 2013, Olsovsky filed a "Request for Reconsideration." In his Request, Olsovsky concedes that when he filed this case, on September 9, 2013, he had not yet exhausted all of his alleged claims; however, on November 13, 2013, the Texas Court of Criminal Appeals denied his second habeas petition and exhaustion was completed.

On December 2, 2013, Olsovsky filed a "Petition for Writ of Habeas Corpus" in the Eastern District of Texas attacking the same conviction made the basis of this case. That "new" petition, now Civil Action No. V-13-88, was transferred to this Court on December 6, 2013, and referred to Magistrate Judge Froeschner, on January 2, 2014, for all pretrial proceedings.

Under these circumstances, it is hereby ORDERED and ADJUDGED that:

1) the Report and Recommendation of Magistrate Judge Froeschner is APPROVED and ADOPTED by this Court; and
2) the "Petition for Writ of Habeas Corpus of a Person in State Custody" of Petitioner, Darrell Gene Olsovsky, is DISMISSED, without prejudice to Olsovsky ...

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