Duvall v. Gregg County Sheriff

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS No. 6:24-cv-00009 Steven Lee Duvall, Petitioner, v. Gregg County Sheriff, Respondent.

ORDER This habeas corpus action was referred to United States Magis- trate Judge K. Nicole Mitchell pursuant to 28 U.S.C. § 636(b). On June 14, 2024, the magistrate judge issued a report recommending that respondent’s motion to dismiss be granted and this petition be dismissed as moot, and further recommending that a certificate of appealability be denied. Doc. 21. A copy of the report was mailed to the petitioner at his last known address. He did not file written ob- jections. When no party objects to the magistrate judge’s report and rec- ommendation, the court reviews it only for clear error. See Douglass vy. United Servs. Auto. Ass’n, 79 F.3d 1415, 1420 (5th Cir. 1996). Hav- ing reviewed the magistrate judge’s report, and being satisfied that it contains no clear error, the court accepts its findings and recommen- dation. The respondent’s motion to dismiss (Doc. 20) is granted, and the petition is dismissed without prejudice. So ordered by the court on August 23, 2024. [lacks BARKER United States District Judge