Opinion
CIVIL ACTION NO. C-11-357
03-30-2012
RICHARD LEE GARNER, JR., Petitioner, v. RICK THALER, DIRECTOR TDCJ-CID, Respondent.
ORDER ADOPTING MEMORANDUM AND RECOMMENDATION
TO GRANT RESPONDENT'S MOTION TO DISMISS
On March 9, 2012, United States Magistrate Judge Brian L. Owsley issued his "Memorandum and Recommendations to Grant Respondent's Motion to Dismiss" (D.E. 17). The parties were provided proper notice of, and opportunity to object to, the Magistrate Judge's Memorandum and Recommendation. FED. R. CIV. P. 72(b); 28 U.S.C. § 636(b)(1); General Order No. 2002-13. No objections have been filed.
When no timely objection to a magistrate judge's memorandum and recommendation is filed, the district court need only satisfy itself that there is no clear error on the face of the record and accept the magistrate judge's memorandum and recommendation. Guillory v. PPG Industries, Inc., 434 F.3d 303, 308 (5th Cir. 2005) (citing Douglass v. United Services Auto Ass'n, 79 F.3d 1415, 1420 (5th Cir. 1996)).
Having reviewed the findings of fact and conclusions of law set forth in the Magistrate Judge's Memorandum and Recommendation (D.E. 17), and all other relevant documents in the record, and finding no clear error, the Court ADOPTS as its own the findings and conclusions of the Magistrate Judge. Accordingly, the Respondent's motion to dismiss (D.E. 16) is GRANTED and the habeas petition is DISMISSED WITH PREJUDICE.
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NELVA GONZALES RAMOS
UNITED STATES DISTRICT JUDGE