Opinion
Civil Action No. 1:20-cv-00015
04-15-2020
DAVID GAMALIEL MARTINEZ, Petitioner, v. LORIE DAVIS, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent.
ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION
Before the Court is the "Magistrate Judge's Report and Recommendation" ("R&R") (Docket No. 8) in the above-captioned case. The R&R recommended the following: (1) dismiss the case without prejudice; and (2) close the case.
Objections were due March 24, 2020. No objections were filed by either party. A "clearly erroneous, abuse of discretion and contrary to law" standard of review is appropriate when there has been no objection to the magistrate's ruling. United States v. Wilson, 864 F.2d 1219, 1221 (5th Cir. 1989). Finding no clear error, abuse of discretion, or finding contrary to law, the R&R is ADOPTED.
As a result, David Gamaliel Martinez's cause of action against Lorie Davis is DISMISSED WITHOUT PREJUDICE. The Clerk of the Court is ORDERED to close this case.
Signed on this 15th day of April , 2020.
/s/_________
Rolando Olvera
United States District Judge