Opinion
Civil Action 2:23-CV-00176
09-21-2023
CRISTIAN GARCIA NAVARRETE, Petitioner, v. WARDEN CARTER, Respondent.
ORDER ADOPTING MEMORANDUM AND RECOMMENDATION
NELVA GONZALES RAMOS, UNITED STATES DISTRICT JUDGE.
On August 21, 2023, United States Magistrate Judge Jason B. Libby issued his “Memorandum and Recommendation” (M&R, D.E. 6), recommending that this Court dismiss Petitioner's habeas corpus action. Petitioner was provided proper notice of, and opportunity to object to, the Magistrate Judge's M&R. Fed.R.Civ.P. 72(b); 28 U.S.C. § 636(b)(1); General Order No. 2002-13. No objections have been timely filed.
When no timely objection to a magistrate judge's M&R 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 M&R. Guillory v. PPG Indus., Inc., 434 F.3d 303, 308 (5th Cir. 2005) (citing Douglass v. United Servs. 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 M&R (D.E. 6), 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, Petitioner's cause of action is not characterized as a motion to vacate or set aside his sentence brought pursuant to 28 U.S.C. § 2255 given current Fifth Circuit precedent and Petitioner's 28 U.S.C. § 2241 petition (D.E. 1) is DISMISSED.
ORDERED.