Lewis v. FCI Texarkana Warden

Filing 7

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 5 Report and Recommendation. It is accordingly ORDERED that the Magistrate Judge's Report and Recommendation is ADOPTED as the opinion of this Court and Lewis's petition for writ of habeas corpus is DENIED. It is further ORDERED that all motions not previously ruled on are DENIED AS MOOT. Signed by District Judge Robert W. Schroeder, III on 10/23/2020. (slo, )

Case 5:20-cv-00048-RWS-CMC Document 7 Filed 10/23/20 Page 1 of 2 PageID #: 26

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TEXARKANA DIVISION
PHIL BERNARD LEWIS,
Petitioner,
v.
FCI TEXARKANA WARDEN,
Respondent.

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CIVIL ACTION NO. 5:20-CV-00048-RWS

ORDER
Petitioner Phil Bernard Lewis, a prisoner confined at the Federal Correctional Institution
in Texarkana, Texas, proceeding pro se, filed this petition for writ of habeas corpus pursuant to 28
U.S.C. § 2241. Docket No. 1. The Court referred this matter to the Magistrate Judge, who
recommends dismissing the petition. Docket No. 5 (“Report and Recommendation”).
The Court has received and considered the Magistrate Judge’s Report and
Recommendation, along with the record, pleadings and all available evidence. The petitioner
acknowledged receiving the Report and Recommendation on June 3, 2020. Docket No. 6. Neither
party objected to the Report and Recommendation.
Because no objections to the Magistrate Judge’s Report have been filed, neither party is
entitled to de novo review by the District Judge of those findings, conclusions and
recommendations, and except upon grounds of plain error, they are barred from appellate review
of the unobjected-to factual findings and legal conclusions accepted and adopted by the District
Court. 28 U.S.C § 636(b)(1)(C); Douglass v. United Services Automobile Assoc., 79 F.3d 1415,
1430 (5th Cir. 1996) (en banc).

Case 5:20-cv-00048-RWS-CMC Document 7 Filed 10/23/20 Page 2 of 2 PageID #: 27

Nonetheless, the Court has reviewed the petition and the Magistrate Judge’s Report and
Recommendation and agrees with the Report and Recommendation. See United States v. Raddatz,
447 U.S. 667, 683 (1980) (“[T]he statute permits the district court to give to the magistrate’s

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proposed findings of fact and recommendations ‘such weight as [their] merit commands and the
sound discretion of the judge warrants.’ ”) (quoting Mathews v. Weber, 23 U.S. 261, 275 (1976)).
It is accordingly
ORDERED that the Magistrate Judge’s Report and Recommendation (Docket No. 5) is
ADOPTED as the opinion of this Court and Lewis’s petition for writ of habeas corpus is
DENIED. It is further
ORDERED that all motions not previously ruled on are DENIED AS MOOT.
So ORDERED and SIGNED this 23rd day of October, 2020.

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ROBERT W. SCHROEDER III
UNITED STATES DISTRICT JUDGE

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