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Ramirez v. Davis

United States District Court, W.D. Texas, Austin Division

March 23, 2018

ANTONIO RAMIREZ
v.
LORIE DAVIS

          REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE

          MARK LANE UNITED STATES MAGISTRATE JUDGE

         TO: THE HONORABLE LEE YEAKEL UNITED STATES DISTRICT 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 Magistrate Judges.

         Before the Court is Petitioner's Application for Habeas Corpus Relief under 28 U.S.C. § 2254 (Document 1). Petitioner, proceeding pro se, has paid the filing fee for this case. 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 167th Judicial District Court of Travis County, Texas. Petitioner was convicted of murder and was sentenced to 40 years in prison on January 31, 2007. Petitioner did not pursue a direct appeal or file a state application for habeas corpus relief.

         B. Petitioner's Grounds for Relief

         Petitioner raises the following grounds for relief:

         1. His guilty plea was invalid;

         2. The prosecution withheld favorable evidence, failed to preserve important evidence, and admitted hearsay statements against him;

         3. His lineup was impermissibly suggestive;

         4. His confession was obtained involuntarily; 5. He received ineffective assistance of counsel; and 6. His due process rights were violated.

         II. ...


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