Opinion
Civil Action 1:21-cv-00131
09-14-2022
NEFTALI NUNEZ, “Petitioner”, v. BOBBY LUMPKIN, Director, Texas Department of Criminal Justice, Correctional Institutions Division, “Respondent”.
ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION
ROLANDO OLVERA UNITED STATES DISSTRICT JUDGE
Before the Court are these pleadings: Petitioner's “Petition for Writ of Habeas Corpus” and his “Memorandum in Support” (Dkt. No. 1, 11), Respondent's “Motion for Summary Judgment with Brief in Support” (“MSJ”) (Dkt. No. 16) and the “Magistrate Judge's Report and Recommendation” (“R&R”) (Dkt. No. 22). The R&R recommends this Court (1) grant Respondent's MSJ (Dkt. No. 16); (2) direct the Clerk of the Court to close this case; and (3) decline to issue a certificate of appealability.
No objections were filed by either party. When no objections are filed to a magistrate judge's ruling, the district court applies the “clearly erroneous, abuse of discretion and contrary to law” standard of review. 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 is ADOPTED.
Respondent's MSJ (Dkt. No. 16) is GRANTED. The Clerk of the Court is ORDERED to close this case. The Court declines to issue a certificate of appealability.