Opinion
CIVIL ACTION NO. 6:18cv500
04-06-2021
CANTRELL NIMOY SASH, #1916323 v. DIRECTOR, TDCJ-CID
ORDER ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
Petitioner Cantrell Nimoy Sash, a prisoner currently confined within the Texas Department of Criminal Justice (TDCJ), proceeding pro se and in forma pauperis, filed this habeas action challenging a criminal conviction stemming from Smith County. The case was referred to United States Magistrate Judge, the Honorable K. Nicole Mitchell, for findings of fact, conclusions of law, and recommendations for the disposition of the petition.
On March 15, 2021, Judge Mitchell issued a Report, (Dkt. #24), recommending that Petitioner's habeas petition be denied and the case be dismissed, with prejudice, as time-barred. She also recommended that Petitioner be denied a certificate of appealability sua sponte. Petitioner has filed timely objections, (Dkt. #25).
The court has conducted a careful de novo review of the record and the Magistrate Judge's proposed findings and recommendations. See 28 U.S.C. §636(b)(1) (District Judge shall "make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made."). Upon such de novo review, the court has determined that the Report of the United States Magistrate Judge is correct and Petitioner's objections are without merit. Accordingly, it is
ORDERED that the Report and Recommendation of the United States Magistrate Judge, (Dkt. #24), is ADOPTED as the opinion of the court. Petitioner's objections, (Dkt. #25), are OVERRULED. It is also
ORDERED that the above-styled habeas proceeding is DISMISSED, with prejudice, as time-barred. Petitioner is also DENIED a certificate of appealability sua sponte. Finally, it is
ORDERED that any and all motions which may be pending in this civil action are hereby DENIED as moot.
SIGNED this 6th day of April, 2021.
/s/_________
AMOS L. MAZZANT
UNITED STATES DISTRICT JUDGE