Jones v. Giblin

Filing 6

ORDER overruling petitioner's objections and adopting 2 Report and Recommendation. Signed by Judge Ron Clark on 6/1/16. (tkd, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
BEAUMONT DIVISION
WALTER CHARLES JONES

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VS.

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LEONARD GIBLIN

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CIVIL ACTION NO. 1:16-CV-2

ORDER OVERRULING PETITIONER’S OBJECTIONS AND ADOPTING
THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Petitioner Walter Charles Jones, a prisoner confined at the Eastham Unit of the Texas
Department of Criminal Justice, Correctional Institutions Division, brought this petition for writ of
mandamus pursuant to 28 U.S.C. § 1651.
The court referred this matter to the Honorable Zack Hawthorn, United States Magistrate
Judge, for consideration pursuant to applicable laws and orders of this court. The Magistrate Judge
has submitted a Report and Recommendation of United States Magistrate Judge. The Magistrate
Judge recommends denying the petition.
The court has received and considered the Report and Recommendation of United States
Magistrate Judge, along with the record and the pleadings. Petitioner filed objections to the
Magistrate Judge’s Report and Recommendation.
The court has conducted a de novo review of the objections in relation to the pleadings and
the applicable law. See FED. R. CIV. P. 72(b). After careful consideration of all the pleadings and
the relevant case law, the court concludes that petitioner’s objections lack merit. Petitioner requests
an order requiring Judge Leonard Giblin to rule on a motion pending in petitioner’s state criminal
case. However, this court has no authority to issue a writ of mandamus to direct a state court or

judicial officer to perform his duties. Moye v. DeKalb County Superior Court, 474 F.2d 1275, 1276
(5th Cir. 1973).
ORDER
Accordingly, petitioner’s objections (document no. 4) are OVERRULED. The findings of
fact and conclusions of law of the Magistrate Judge are correct, and the report of the Magistrate
Judge (document no. 2) is ADOPTED. A final judgment will be entered in this case in accordance
certificate of appealability will not be issued.
So ORDERED and SIGNED this 1 day of June, 2016.

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Ron Clark, United States District Judge

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