Opinion
Case No. 6:19-CV-312-JDK-JDL
11-19-2019
MONTY JOSEPH MYERS, Petitioner, v. DIRECTOR, TDCJ-CID, Respondent.
ORDER ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE
Petitioner Monty Joseph Myers, an inmate confined in the Texas prison system, proceeding pro se, filed the above-styled and numbered petition for a writ of habeas corpus. This case was referred to United States Magistrate Judge John D. Love pursuant to 28 U.S.C. § 636. On October 22, 2019, the Magistrate Judge issued a Report and Recommendation (Docket No. 13), recommending that the action be dismissed because Petitioner's case did not involve a protected liberty interest. Id. at 3. A return receipt indicating delivery to Petitioner was received by the Clerk on October 31, 2019 (Docket No.14).
This Court reviews the findings and conclusions of the Magistrate Judge de novo only if a party objects within fourteen days of service of the Report and Recommendation. 28 U.S.C. § 636(b)(1). In conducting a de novo review, the Court examines the entire record and makes an independent assessment under the law. Douglass v. United Servs. Auto. Ass'n, 79 F.3d 1415, 1430 (5th Cir. 1996) (en banc), superseded on other grounds by statute, 28 U.S.C. § 636(b)(1) (extending the time to file objections from ten to fourteen days). Here, Petitioner did not file objections in the prescribed period. The Court therefore reviews the Magistrate Judge's findings for clear error or abuse of discretion and reviews his legal conclusions to determine whether they are contrary to law. See United States v. Wilson, 864 F.2d 1219, 1221 (5th Cir. 1989), cert. denied, 492 U.S. 918 (1989) (holding that, if no objections to a Magistrate Judge's Report are filed, the standard of review is "clearly erroneous, abuse of discretion and contrary to law").
Having reviewed the Magistrate Judge's Report and Recommendation, the Court adopts the Report and Recommendation of the United States Magistrate Judge (Docket No. 13) as the findings of this Court.
Accordingly, it is hereby ORDERED that the Magistrate Judge's Report (Docket No. 13) be ADOPTED. It is further
ORDERED that the petition for a writ of habeas corpus is DENIED and DISMISSED WITH PREJUDICE. A certificate of appealability is DENIED sua sponte.
So ORDERED and SIGNED this 19th day of November, 2019.
/s/_________
JEREMY D. KERNODLE
UNITED STATES DISTRICT JUDGE