Opinion
Civil Action 5:22-CV-116-JRG-JBB
10-17-2024
BRANDON JOHNSON v. WARDEN, FCI-TEXARKANA
ORDER
Rodney Gilstrap, United States District Judge
Before the Court is Petitioner Brandon Johnson's petition for writ of habeas corpus under 28 U.S.C. §2241 complaining of the computation of his sentence. Docket No. 1. The case was referred to United States Magistrate Judge J. Boone Baxter in accordance with 28 U.S.C. § 636.
On September 11, 2024, the Magistrate Judge issued a Report recommending the abovestyled application for the writ of habeas corpus be dismissed with prejudice. Docket No. 9. Petitioner acknowledged receipt of the Report on September 18, 2024. Docket No. 10. To date, no objections have been filed.
Because no objections have been received, Petitioner is barred from de novo review by the District Judge of the Magistrate Judge's proposed findings, conclusions and recommendations and, except upon grounds of plain error, from appellate review of the unobjected-to factual findings and legal conclusions accepted and adopted by the District Court. See Duarte v. City of Lewisville, Texas, 858 F.3d 348, 352 (5th Cir. 2017); Arriaga v. Laxminarayan, Case No. 4:21-CV-00203-RAS, 2021 WL 3287683, at *1 (E.D. Tex. July 31, 2021).
The Court has reviewed the pleadings in this case and the Report of the Magistrate Judge. Upon such review, the Court has determined the Report of the Magistrate Judge is correct. See United States v. Wilson, 864 F.2d 1219, 1221 (5th Cir. 1989) (where no objections to a Magistrate Judge's Report are filed, the standard of review is “clearly erroneous, abuse of discretion and contrary to law”). Accordingly, it is
ORDERED that the Report of the Magistrate Judge (Docket No. 9) is ADOPTED as the opinion of the District Court. It is further
ORDERED the above-captioned application for writ of habeas corpus is DISMISSED with prejudice.
SO ORDERED.