Opinion
Case No. 6:19-CV-433-JDK-KNM
11-18-2019
PETRIE MARQUETTE ROBINSON, #1635660, Petitioner, v. DIRECTOR, TDCJ-CID, Respondent.
ORDER ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE
This case was referred to United States Magistrate Judge K. Nicole Mitchell pursuant to 28 U.S.C. § 636. On October 10, 2019, the Magistrate Judge issued a Report and Recommendation (Docket No. 5), recommending that the petition for a writ of habeas corpus be denied and that the case be dismissed with prejudice. The Magistrate Judge further recommended sua sponte that a certificate of appealability be denied. A return receipt indicating delivery to Plaintiff was received by the Clerk on November 6, 2019 (Docket No. 6).
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 Ass'n, 79 F.3d 1415, 1430 (5th Cir. 1996) (en banc), superseded on other grounds by statute, 28 U.S.C. § 636(b)(1) (extending the time to file objections from ten to fourteen days).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 her 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 finds no clear error or abuse of discretion and no conclusions contrary to law. The Court therefore adopts the Report and Recommendation of the United States Magistrate Judge (Docket No. 5) as the findings of this Court.
Accordingly, it is hereby ORDERED that the Magistrate Judge's Report (Docket No. 5) be ADOPTED and that petition for a writ of habeas corpus is DISMISSED WITH PREJUDICE. A certificate of appealability is DENIED sua sponte. All pending motions are DENIED as MOOT.
So ORDERED and SIGNED this 18th day of November, 2019.
/s/_________
JEREMY D. KERNODLE
UNITED STATES DISTRICT JUDGE