Sanchez-Hernandez v. Guerra

• Court: District Court, S.D. Texas
• Decided: June 14, 2022
• Docket: 7:22-cv-00108
• Status: Unknown

Opinion

□ Southern District of Texas ENTERED UNITED STATES DISTRICT COURT June 14, 2022 SOUTHERN DISTRICT OF TEXAS Nathan Ochsner, Clerk MCALLEN DIVISION ABELARDO SANCHEZ-HERNANDEZ, § § Petitioner, § § VS. § § CIVIL ACTION NO. 7:22-cv-00108 J.E. “EDDIE” GUERRA, Sheriff, Hidalgo § County Adult Detention Center, § § Respondent. §

ORDER ADOPTING REPORT AND RECOMMENDATION Before the Court is Petitioner Abelardo Sanchez-Hernandez’s petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241, which had been referred to the Magistrate Court for a report and recommendation. On May 9, 2022, the Magistrate Court issued the Report and Recommendation, ! recommending that the petition be DENIED and that Petitioner’s claims be DISMISSED. The time for filing objections has passed and no objections have been filed. 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, the petition is hereby DENIED, and Petitioner’s claims are DISMISSED. IT IS SO ORDERED. DONE at McAllen, Texas, this 14th day of June 2022. NK ove 7 Micaela Alvi United States District Judge

Dkt. No. 3. > As noted by the Fifth Circuit, “[t]he 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 145, 1420 (Sth 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 P. 72(b) advisory committee’s note (1983)) superseded by statute on other grounds by 28 U.S.C. § 636(b)(1), as stated in ACS Recovery Servs., Inc. v. Griffin, No. 11-40446, 2012 WL 1071216, at *7 n. 5 (Sth Cir. April 2, 2012).

1/1