Legal Opinion

Coker v. Thaler

District Court, N.D. Texas

Decided November 16, 2009No. Civil Action 3:03-CV-2146-NPublished

1Opinion of the Court

ORDER

DAVID C. GODBEY, District Judge.

This Order addresses the objections to the Magistrate Judge’s Findings and Recommendation (“F & R”).

I. Respondent’s Objection

Respondent objects to the Magistrate Judge’s failure to conduct a hearing on Petitioner Coker’s claim for equitable estoppel, and instead dismissing on the merits. The F & R stated in pertinent part:

As part of his answer, respondent reurges his affirmative defense that petitioner’s claims are barred by the AED-PA statute of limitations. (See Resp. Ans. at 4-10). The court need not decide this procedural issue as petitioner is not…

2Cases cited56 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Jackson v. VirginiaSupreme Court of the United States · 1979
  3. Williams v. TaylorSupreme Court of the United States · 2000
  4. Paul W. Douglass v. United Services Automobile AssociationCourt of Appeals for the Fifth Circuit · 1996
  5. Jones v. BarnesSupreme Court of the United States · 1983

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