Natale v. DIRECTOR, TDCJ-ID

Filing 10

ORDER ADOPTING REPORT AND RECOMMENDATIONS of the UNITED STATES MAGISTRATE JUDGE for 9 Report and Recommendations, and ENTERING FINAL JUDGMENT. ORDERED that Petitioner Joseph Natale is hereby DENIED a certificate of appealability sua sponte. ORDERED that any and all motions which may e pending in this civil action are hereby DENIED. Signed by Judge Michael H. Schneider on 11/4/2009. (gsg)

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION JOSEPH DAVID NATALE v. DIRECTOR, TDCJ-CID § § § CIVIL ACTION NO. 6:09cv402

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE AND ENTERING FINAL JUDGMENT The Petitioner Joseph Natale, proceeding pro se, filed this application for the writ of habeas corpus complaining of the legality of prison disciplinary action taken against him. This Court ordered that the case be referred to the United States Magistrate Judge pursuant to 28 U.S.C. §636(b)(1) and (3) and the Amended Order for the Adoption of Local Rules for the Assignment of Duties to United States Magistrate Judges. Natale was convicted of the disciplinary offense of threatening to inflict harm upon an officer. He complained of various due process violations during the course of this proceeding. However, Natale indicated that he is serving a conviction for aggravated assault and so is not eligible for release on mandatory supervision. After review of the pleadings, the Magistrate Judge issued a Report recommending that the petition be dismissed because Natale did not show the deprivation of a constitutionally protected liberty interest, pursuant to Sandin v. Conner, 115 S.Ct. 2293, 2301 (1995). A copy of this Report was sent to Natale at his last known address, return receipt requested, but no objections ave been filed; accordingly, he is barred from de novo review by the district judge of those findings, conclusions, and recommendations and, except upon grounds of plain error, from appellate review of the unobjected-to proposed factual findings and legal conclusions accepted and adopted by the

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district court. Douglass v. United Services Automobile Association, 79 F.3d 1415, 1430 (5th Cir. 1996) (en banc). The Court has reviewed the pleadings and records in this cause and the Report of the Magistrate Judge. Upon such review, the Court has concluded that the Report of the Magistrate Judge is correct. It is accordingly ORDERED that the Report of the Magistrate Judge is ADOPTED as the opinion of the District Court. It is further . ORDERED that the above-styled application for the writ of habeas corpus be and hereby is DISMISSED with prejudice. It is further ORDERED that the Petitioner Joseph Natale is hereby DENIED a certificate of appealability sua sponte. Finally, it is ORDERED that any and all motions which may be pending in this civil action are hereby DENIED.
SIGNED this 4th day of November, 2009.

____________________________________ MICHAEL H. SCHNEIDER UNITED STATES DISTRICT JUDGE

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