Clark v. Director TDCJ-CID

Filing 14

MEMORANDUM ADOPTING 12 Report and Recommendations of the US Magistrate Judge and Entering Final Judgment. It is ORDERED that the application for the writ of habeas corpus is DISMISSED with prejudice and the Petitioner is DENIED a certificate of appealability. Any and all motions pending in this civil action are DENIED. Signed by Judge Michael H. Schneider on 3/20/2012. (leh, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION ROBERT L. CLARK § v. § DIRECTOR, TDCJ-CID § CIVIL ACTION NO. 6:11cv478 MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE AND ENTERING FINAL JUDGMENT The Petitioner Robert Clark, proceeding pro se, filed this application for the writ of habeas corpus under 28 U.S.C. §2254 complaining of the legality of disciplinary action taken against him during his confinement. 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. Clark complained of a disciplinary case for threatening to inflict harm on an officer, for which he received 45 days of cell and commissary restrictions, 14 days of solitary confinement, reduction in classification status, and the loss of 180 days of good time credits. The Magistrate Judge ordered the Respondent to answer the petition, and Clark filed a response to the answer. After review of the pleadings and records, including a recording of the disciplinary hearing, the Magistrate Judge issued a Report on January 30, 2012, recommending that the petition be dismissed. Clark received a copy of this Report on February 10, 2012, but 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 proposed factual findings and legal conclusions accepted and adopted by the 1 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 and records in this cause together with 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 Robert Clark 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. It is SO ORDERED. SIGNED this 20th day of March, 2012. ____________________________________ MICHAEL H. SCHNEIDER UNITED STATES DISTRICT JUDGE 2

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