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Harrell v. Director

United States District Court, E.D. Texas, Tyler Division
Jun 19, 2006
Civil Action No. 6:06cv94 (E.D. Tex. Jun. 19, 2006)

Opinion

Civil Action No. 6:06cv94.

June 19, 2006


MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE AND ENTERING FINAL JUDGMENT


The Petitioner Tommy Harrell, proceeding pro se, filed this application for the writ of habeas corpus under 28 U.S.C. § 2254 complaining of the legality of prison disciplinary action taken against him. This Court ordered that the case 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.

After review of the pleadings, the Magistrate Judge issued a Report on March 31, 2006, recommending that the petition be dismissed with prejudice because Harrell had not shown the deprivation of a constitutionally protected liberty interest. Harrell received a copy of this Report on April 5, 2006, 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 in this case and the Report of the Magistrate Judge. Upon such review, the Court has determined that the Report of the Magistrate Judge is correct. It is accordingly

ORDERED that the Report of the Magistrate Judge is ADOPTED as the opinion of the District Court. It is further

ORDERED that the above-styled application for the writ of habeas corpus be and hereby is DISMISSED with prejudice. It is further

ORDERED that any and all motions which may be pending in this action are hereby DENIED.


Summaries of

Harrell v. Director

United States District Court, E.D. Texas, Tyler Division
Jun 19, 2006
Civil Action No. 6:06cv94 (E.D. Tex. Jun. 19, 2006)
Case details for

Harrell v. Director

Case Details

Full title:TOMMY EARL HARRELL v. DIRECTOR, TDCJ-CID

Court:United States District Court, E.D. Texas, Tyler Division

Date published: Jun 19, 2006

Citations

Civil Action No. 6:06cv94 (E.D. Tex. Jun. 19, 2006)