Opinion
Civil Action 1:22-cv-00078
11-17-2022
MACARIO RINCON, “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 District Judge
Before the Court are these pleadings: Plaintiffs “Original Petition for Writ of Habeas” (“Original Petition”) (Dkt No. 1), Plaintiffs “Amended Petition for Writ of Habeas” (“Amended Petition”) (Dkt. No. 5) and Magistrate Judge's “Report and Recommendation” (“R&R”) (Dkt. No. 9). The R&R recommends this Court (1) dismiss Plaintiffs Amended Petition (Dkt. No. 5) without prejudice (2) direct the Clerk of 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.
Plaintiffs Amended Petition (Dkt. No. 5) is DISMISSED without prejudice. The Clerk of the Court is ORDERED to close this case. The Court DECLINES to issue a certificate of appealability.