Opinion
6:23-cv-241-JDK-JDL
08-08-2023
JAY EDWARD WILLIAMS, Petitioner, v. DIRECTOR, TDCJ-CID, Respondent.
ORDER ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
JEREMY D. KERNODLE UNITED STATES DISTRICT JUDGE
Petitioner Jay Edward Williams, a Texas Department of Criminal Justice inmate proceeding pro se, filed this federal petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The petition was referred to United States Magistrate Judge John D. Love for findings of fact, conclusions of law, and recommendations for disposition.
On June 30, 2023, Judge Love issued a Report and Recommendation recommending that the Court deny the petition and dismiss this case without prejudice for lack of jurisdiction. Judge Love also recommended that a certificate of appealability be denied. Docket No. 6. Petitioner filed objections. Docket No. 9.
Where a party objects within fourteen days of service of the Report and Recommendation, the Court reviews the objected-to findings and conclusions of the Magistrate Judge de novo. 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 Ass'n, 79 F.3d 1415, 1430 (5th Cir. 1996) (en banc), superseded on other grounds by statute, 28 U.S.C. § 636(b)(1) (extending the time to file objections from ten to fourteen days).
Petitioner's objections fail to address any of substantive issues in the Report. Accordingly, his objections are without merit.
Having conducted a de novo review of the Report and the record in this case, the Court has determined that the Report of the United States Magistrate Judge is correct. The Court therefore OVERRULES Petitioner's objections (Docket No. 9) and ADOPTS the Report and Recommendation of the Magistrate Judge (Docket No. 6) as the opinion of the District Court. Petitioner's petition for habeas corpus is hereby DISMISSED without prejudice. Further, the Court DENIES a certificate of appealability.
So ORDERED and SIGNED.