Opinion
CAUSE NO. 1:16CV353-LG-JCG
07-23-2018
DONALD ALLEN CAVES PETITIONER v. MARSHALL FISHER RESPONDENT
ORDER ADOPTING REPORT AND RECOMMENDATION AND DISMISSING PETITIONER'S HABEAS CORPUS PETITION
BEFORE THE COURT is the [9] Report and Recommendation entered by United States Magistrate Judge John C. Gargiulo. Judge Gargiulo recommends that the habeas corpus petition filed by the petitioner Donald Allen Caves should be dismissed with prejudice. The record reflects that Cave received a copy of the Report and Recommendation on June 25, 2018, but Caves has not filed an objection to the Report and Recommendation.
Where no party has objected to the Magistrate Judge's report and recommendation, the Court need not conduct a de novo review of it. See 28 U.S.C. § 636(b)(1) ("A judge of the court shall make a de novo determination of those portions of the report or specified proposed findings and recommendations to which objection is made.") In such cases, the Court need only satisfy itself that there is no clear error on the face of the record. Douglass v. United Serv. Auto Ass'n, 79 F.3d 1415, 1420 (5th Cir. 1996). Having conducted the required review, the Court finds that Judge Gargiulo's Report and Recommendation is neither clearly erroneous nor contrary to law.
IT IS, THEREFORE, ORDERED AND ADJUDGED that the [9] Report and Recommendation entered by United States Magistrate Judge John C. Gargiulo is ADOPTED as the opinion of the Court.
IT IS, FURTHER, ORDERED AND ADJUDGED that the habeas corpus petition filed by the petitioner Donald Allen Caves is DISMISSED WITH PREJUDICE.
SO ORDERED AND ADJUDGED this the 23rd day of July, 2018.
/s/_________
LOUIS GUIROLA, JR.
UNITED STATES DISTRICT JUDGE