Opinion
CIVIL ACTION NO. 6:13cv4
04-25-2013
CURTIS LYNN WATSON v. DIRECTOR, TDCJ-CID
MEMORANDUM ADOPTING REPORT AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
AND ENTERING FINAL JUDGMENT
The Petitioner Curtis Watson, proceeding pro se, filed this application for the writ of habeas corpus challenging the legality of his conviction. This Court ordered that the matter be referred to the United States Magistrate Judge pursuant to 28 U.S.C. §636(b)(1) and (3) and the Amended Order for the Adoption of Local Rules for the Assignment of Duties to United States Magistrate Judges.
Watson complained of a conviction for bail jumping, which he received on June 18, 2009. He did not appeal, but sought state habeas corpus relief on July 27, 2012, which was denied without written order on December 5, 2012.
After review of the pleadings, the Magistrate Judge issued a Report on January 18, 2013, recommending that the petition be denied because of the expiration of the statute of limitations. Watson received a copy of this Report on January 29, 2013, but filed no objections thereto; accordingly, he is barred from de novo review by the district judge of those findings, conclusions, and recommendations and, except upon grounds of plain error, from appellate review of the unobjected-to proposed factual findings and legal conclusions accepted and adopted by the district court. Douglass v. United Services Automobile Association, 79 F.3d 1415, 1430 (5th Cir. 1996) (en banc).
The Court has reviewed the pleadings and records in this cause as well as the Report of the Magistrate Judge. Upon such review, the Court has determined that the Report of the Magistrate Judge is correct. See United States v. Wilson, 864 F.2d 1219, 1221 (5th Cir.), cert. denied, 492 U.S. 918, 109 S.Ct. 3243 (1989) (where no objections to a Magistrate Judge's Report are filed, the standard of review is "clearly erroneous, abuse of discretion and contrary to law."). It is accordingly
ORDERED that the Report of the Magistrate Judge (docket no. 8) is ADOPTED as the opinion of the District Court. It is further
ORDERED that the above-styled application for the writ of habeas corpus is hereby DISMISSED with prejudice. It is further
ORDERED that the Petitioner Curtis Watson is hereby DENIED a certificate of appealability sua sponte. Finally, it is
ORDERED that any and all other motions which may be pending in this civil action are hereby DENIED.
It is SO ORDERED.
_________________
MICHAEL H. SCHNEIDER
UNITED STATES DISTRICT JUDGE