Opinion
Civil Action 2:23-CV-00051
09-19-2023
GREGORY JAMES SHELTON, Petitioner, v. BOBBY LUMPKIN, Respondent.
ORDER ADOPTING MEMORANDUM & RECOMMENDATION
DAVID S. MORALES UNITED STATES DISTRICT JUDGE
Before the Court is Magistrate Judge Julie Hampton's Memorandum and Recommendation (“M&R”). (D.E. 12). The M&R recommends that the Court grant Respondent's motion to dismiss, (D.E. 11), and dismiss Petitioner's 28 U.S.C. § 2254 petition, (D.E. 1). (D.E. 12, p. 8). The M&R further recommends that any request for a certificate of appealability be denied. Id. at 8-9.
The parties were provided proper notice of, and the opportunity to object to, the Magistrate Judge's M&R. See 28 U.S.C. § 636(b)(1); Fed.R.Civ.P. 72(b); General Order No. 2002-13. No objection has been filed. When no timely objection has been filed, the district court need only determine whether the Magistrate Judge's M&R is clearly erroneous or contrary to law. United States v. Wilson, 864 F.2d 1219, 1221 (5th Cir. 1989) (per curiam); Badaiki v. Schlumberger Holdings Corp., 512 F.Supp.3d 741, 743-44 (S.D. Tex. 2021) (Eskridge, J.).
Having reviewed the proposed findings and conclusions of the Magistrate Judge, not clearly erroneous or contrary to law, the Court ADOPTS the M&R in its entirety. (D.E.
12). Accordingly, the Court GRANTS Respondent's motions to dismiss. (D.E. 11). Petitioner's § 2254 petition is DISMISSED with prejudice. (D.E. 1). A Certificate of Appealability is DENIED. A final judgment will be entered separately.
SO ORDERED.