Hartsfield v. Director, TDCJ-CID
MEMORANDUM ADOPTING 21 Report and Recommendations of the US Magistrate Judge and Entering Final Judgment. It is ORDERED that the writ of habeas corpus is DISMISSED with prejudice, and a certificate of appealability is DENIED sua sponte. All motions pending in this action are DENIED. Signed by Judge Michael H. Schneider on 10/26/11. (leh, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
CIVIL ACTION NO. 6:11cv58
MEMORANDUM ADOPTING REPORT AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
AND ENTERING FINAL JUDGMENT
The Petitioner John Hartsfield, proceeding pro se, filed this application for the writ of habeas
corpus under 28 U.S.C. §2254 complaining of the legality of his conviction. This Court ordered that
the matter 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.
The Magistrate Judge ordered the Respondent to answer the petition, and Hartsfield filed
a response to the answer. After review of the pleadings and the state court records, the Magistrate
Judge issued a Report recommending that the petition be dismissed. The Magistrate Judge also
recommended that a certificate of appealability be denied sua sponte.
Hartsfield received a copy of the Magistrate Judge’s Report on September 14, 2011, but has
filed no objections thereto; 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 factual findings and legal conclusions accepted and adopted
by the district court. Douglass v. United Services Automobile Association, 79 F.3d 1415, 1430 (5th
Cir. 1996) (en banc).
The Court has carefully reviewed the pleadings 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 John Hartsfield 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
SIGNED this 26th day of October, 2011.
MICHAEL H. SCHNEIDER
UNITED STATES DISTRICT JUDGE
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?