Johnson v. Director, TDCJ-CID

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION MARCUS DEON JOHNSON, #1719334 § VS. § CIVIL ACTION NO. 6:20cv026 DIRECTOR, TDCJ-CID § ORDER ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE This action was referred to United States Magistrate Judge K. Nicole Mitchell pursuant to 28 U.S.C. § 636. On January 27, 2020, the Magistrate Judge issued a Report and Recommendation (Docket No. 5) recommending that the petition be dismissed because a protected liberty interest is not involved in this case. Id. at 3. This Court reviews the findings and conclusions of the Magistrate Judge de novo only if a party objects within fourteen days of service of the Report and Recommendation. 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 Ass’n, 79 F.3d 1415, 1430 (5th Cir. 1996) (en banc), superseded on other grounds by statute, 28 U.S.C. § 636(b)(1) (extending the time to file objections from ten to fourteen days). Here, Petitioner did not file objections in the prescribed period although the Court granted Petitioner an extension of time to file post-judgment objections. Docket Nos. 14, 18. The Court therefore reviews the Magistrate Judge’s findings for clear error or abuse of

discretion and reviews her legal conclusions to determine whether they are contrary to law. See 1 United States v. Wilson, 864 F.2d 1219, 1221 (Sth Cir. 1989), cert. denied, 492 U.S. 918 (1989) (holding that, if no objections to a Magistrate Judge’s Report are filed, the standard of review is “clearly erroneous, abuse of discretion and contrary to law’’). Having reviewed the Magistrate Judge’s Report and Recommendation, the Court adopts the Report and Recommendation of the United States Magistrate Judge (Docket No. 5) as the findings of this Court. Accordingly, it is hereby ORDERED that the Magistrate Judge’s Report (Docket No. 5) be ADOPTED. It is further ORDERED that the petition for a writ of habeas corpus is DISMISSED WITH PREJUDICE. A certificate of appealability is DENIED. All motions not previously ruled on are DENIED. So ORDERED and SIGNED this 31st day of August, 2020. qe D Kobe JERQMY D, RERNODIE UNITED STATES DISTRICT JUDGE