Opinion
Civil Action 1:21 -cv-00125
09-15-2022
DAVID GREG GONZALES, “Plaintiff”, v. WILLACY COUNTY SHERIFF'S DEPT., ET AL., “Defendants”.
ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION
Rolando Olvera United States District Judge
Before the Court are these pleadings: pro se Plaintiff's “Motion of Writ of Habeas Corpus” and supporting submissions (“Motion”) (Dkt. No. 1,9,10,22,23,41) and the “Magistrate Judge's Report and Recommendation” (“R&R”) (Dkt. No. 43). Plaintiff is seeking to assert civil rights claims against his custodians and a habeas claim. Id. The Court will construe his Motion as a jointly submitted complaint brought under 42 U.S.C § 1983 (“Complaint”), and a petition brought under 28 U.S.C. § 2241 (“Petition”). The R&R addresses Plaintiffs Petition only. The R&R recommends this Court (1) dismiss Plaintiffs Petition without prejudice; and (2) decline to issue a certificate of appealability.
The Court will address Plaintiffs § 1983 Complaint in a separate Report and Recommendation.
No objections were filed by either party. When no objections are filed to a magistrate judge's ruling, the district court applies the “clearly erroneous, abuse of discretion and contrary to law” standard of review. 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.
Plaintiffs Petition (Dkt. No. 1, 9, 10, 22, 23, 41) is DISMISSED without prejudice. The Court declines to issue a certificate of appealability.