Opinion
CIVIL ACTION NO. 2:14-CV-00315
07-20-2015
DAVID EARL JOHNSON Petitioner v. UNITED STATES OF AMERICA
ORDER ADOPTING MEMORANDUM AND RECOMMENDATION
On June 10, 2015, United States Magistrate Judge Jason B. Libby issued his "Memorandum and Recommendation" (D.E. 13), recommending that Respondent's Motion to Dismiss be granted because Petitioner is not entitled to have the disputed time served in custody credited against his federal sentence when it has already been credited against his state sentence. 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. 13), 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. 6) is GRANTED and this action is DISMISSED WITH PREJUDICE.
ORDERED this 20th day of July, 2015.
/s/_________
NELVA GONZALES RAMOS
UNITED STATES DISTRICT JUDGE