Prescott v. Director, TDCJ-CID

Filing 30

ORDER OF DISMISSAL Adopting 26 Report and Recommendation. It is accordingly ORDERED the petition for a writ of habeas corpus is DENIED and the case is DISMISSED with prejudice. A certificate of appealability is DENIED. It is further ORDERED that all motions not previously ruled on are hereby DENIED. Signed by District Judge Amos L. Mazzant, III on 03/27/2024. (XL)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION
ANTHONY G. PRESCOTT, #02174108
VS.
DIRECTOR, TDCJ-CID

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CIVIL ACTION NO. 4:21cv21

ORDER OF DISMISSAL
The above-entitled and numbered civil action was referred to United States Magistrate
Judge Aileen Goldman Durrett, who issued a Report and Recommendation (“the Report”) (Dkt.
#26) concluding that the petition for writ of habeas corpus should be denied and the case
dismissed with prejudice. Petitioner filed objections. (Dkt. ##28, 29).
In the objections, Petitioner asserts in conclusory fashion that he has demonstrated “actual
prejudice as a result of alleged violation of federal law, resulting in a [miscarriage] of justice.”
(Dkt. #28, p. 1). Petitioner’s objections do not specifically identify any of the Magistrate Judge’s
findings or conclusions as being erroneous and do not state a basis to reject the recommendation.
Petitioner also makes objections that are vague and ambiguous and not responsive to the Report.
Furthermore, claims he raises for the first time in his objections to the Report are not properly
before the District Court. See Finley v. Johnson, 243 F.3d 215, 218 n.3 (5th Cir. 2001). Despite
his arguments, Petitioner fails to show that the Report is in error or that he is entitled to relief.
The Report of the Magistrate Judge, which contains proposed findings of fact and
recommendations for the disposition of such action, has been presented for consideration. Having
made a de novo review of the objections raised by Petitioner to the Report, the Court concludes
that the findings and conclusions of the Magistrate Judge are correct. Therefore, the Court hereby

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adopts the findings and conclusions of the Magistrate Judge as the findings and conclusions of the
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Court.
It is accordingly ORDERED the petition for a writ of habeas corpus is DENIED and the
case is DISMISSED with prejudice. A certificate of appealability is DENIED.
It is further ORDERED that all motions not previously ruled on are hereby DENIED.
SIGNED this 27th day of March, 2024.

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AMOS L. MAZZANT
UNITED STATES DISTRICT JUDGE

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