Randall v. 79th District Court Jim Wells County

Opinion

UNITED STATES DISTRICT COURT July 09, 2024 SOUTHERN DISTRICT OF TEXAS Nathan Ochsner, Clerk CORPUS CHRISTI DIVISION

JOSEPH JUVENTINO RANDALL, § § Petitioner, § § VS. § CIVIL ACTION NO. 2:24-CV-00036 § 79TH DISTRICT COURT JIM WELLS § COUNTY, § § Defendant. §

ORDER ADOPTING MEMORANDUM AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE On June 7, 2024, United States Magistrate Judge Mitchel Neurock issued his “Memorandum and Recommendation of United States Magistrate Judge” (D.E. 23), recommending that this habeas corpus action be dismissed without prejudice for failure to exhaust state court remedies. Petitioner was provided proper notice of, and opportunity to object to, the Magistrate Judge’s memorandum and recommendation. Fed. R. Civ. P. 72(b); 28 U.S.C. § 636(b)(1); General Order No. 2002-13. No objections have been timely filed. Petitioner’s only subsequent filing is a letter complaining of his lack of a lawyer to assist him in this matter. D.E. 24. The Magistrate Judge construed the letter as a motion to appoint counsel and denied it. D.E. 25. Petitioner did not state any facts or law addressing his failure to exhaust state court remedies. When no timely objection to a magistrate judge’s memorandum and recommendation is filed, the district court need only satisfy itself that there is no clear error on the face of the record and accept the magistrate judge’s memorandum and recommendation. Guillory v. PPG Indus., Inc., 434 F.3d 303, 308 (5th Cir. 2005) (citing Douglass v. United Servs. Auto Ass’n, 79 F.3d 1415, 1420 (Sth Cir. 1996)). Having reviewed the findings of fact and conclusions of law set forth in the Magistrate Judge’s memorandum and recommendation (D.E. 23), and all other relevant documents in the record, and finding no clear error, the Court ADOPTS as its own the findings and conclusions of the Magistrate Judge. Accordingly, the petition for writ of habeas corpus (D.E. 1, 20) is DISMISSED WITHOUT PREJUDICE for failure to exhaust available remedies. In the event that Petitioner requests a certificate of appealability, that request is DENIED. ORDERED on July 9, 2024.

UNITED STATES DISTRICT JUDGE

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