Opinion
Civil Action 2:22-CV-00176
09-21-2023
PARIS RICHARDSON, Plaintiff, v. BOBBY LUMPKIN, Defendant.
ORDER ADOPTING MEMORANDUM AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE
NELVA GONZALES RAMOS, UNITED STATES DISTRICT JUDGE.
On August 22, 2023, United States Magistrate Judge Mitchel Neurock issued his “Memorandum and Recommendation of United States Magistrate Judge” (M&R, D.E. 17), recommending that this action be dismissed. The parties were 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. 17), 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, Respondent's motion for summary judgment (D.E. 14, 141) is GRANTED, Petitioner's 28 U.S.C. § 2254 habeas action (Doc. No. 1) is DENIED, and this action is DISMISSED. In the event that Petitioner requests a Certificate of Appealability, that request is DENIED.
ORDERED.