Opinion
Civil Action 1:22-cv-00116
10-11-2023
BENNY HEBERT, “Plaintiff,” v. BOBBY LUMPKIN, “Defendant.”
ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION
ROLANDO OLVERA UNITED STATES DISTRICT JUDGE
Before the Court is the “Magistrate Judge's Amended Report and Recommendation” (“R&R”) (Dkt. No. 38). The R&R recommends this Court (1) dismiss with prejudice Plaintiff's 28 U.S.C. § 2254 Petition for Writ of Habeas Corpus; (2) direct the Clerk of the Court to close this case; and (3) decline to issue a certificate of appealability. Dkt. No. 38 at 1.
Objections were due September 22,2023. No objections were filed by either party. If there have been no objections to the magistrate's ruling, then the appropriate standard of review is “clearly erroneous, abuse of discretion and contrary to law.” 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 (Dkt. No. 38) is ADOPTED.
Plaintiffs claims against Defendant are DISMISSED with prejudice. The Clerk of the Court is ORDERED to close this case. The Court DECLINES to issue a certificate of appealability.