Opinion
MISC. ACTION NO. M-18-1526
10-26-2018
DION DANIEL WYMORE v. LORIE DAVIS, Director, Texas Department of Criminal Justice, Correctional Institutions Division.
ORDER ADOPTING REPORT AND RECOMMENDATION
Pending before the Court is Dion Daniel Wymore's application to proceed in forma pauperis and petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. On September 21, 2018, the Magistrate Court issued the Report and Recommendation, recommending that Petitioner's § 2254 Petition be DISMISSED without prejudice, his application to proceed in forma pauperis be DENIED, and that a Certificate of Appealability be DENIED upon the issuance of this Court's final order.
Pursuant to Federal Rule of Civil Procedure 72(b), the Court has reviewed the Report and Recommendation for clear error. Finding no clear error, the Court adopts the Report and Recommendation in its entirety. Accordingly, Petitioner's § 2254 Petition is DISMISSED without prejudice and his application to proceed in forma pauperis is DENIED. A Certificate of Appealability is DENIED.
"The advisory committee's note to Rule 72(b) states that, '[w]hen no timely objection is filed, the [district] court need only satisfy itself that there is no clear error on the face of the record in order to accept the recommendation.' " Douglas v. United States Service Auto. Ass'n, 79 F.3d 1415, 1420 (5th Cir. 1996) (quoting Fed. R. Civ. P. 72(b) advisory committee's note (1983)) superseded by statute on other grounds by 28 U.S.C. § 636(b)(1), as stated in ACS Recovery Servs., Inc. v. Griffin, No. 11-40446, 2012 WL 1071216, at *7 n.5 (5th Cir. Apr. 2, 2012). --------
SO ORDERED this 26th day of October, 2018, at McAllen, Texas.
/s/_________
Randy Crane
United States District Judge