Fife v. Director, TDCJ-CID
ORDER ADOPTING 17 Report and Recommendations. Petr's application for the writ of habeas corpus is hereby DISMISSED as moot and, alternatively, DISMISSED with prejudice based upon the expiration of the statute of limitations. Petitioner is DENIED a certificate of appealability sua sponte. Any and all motions which may be pending in this civil action are hereby DENIED. Signed by Judge Leonard Davis on 06/14/12. cc:petr & resp 6-15-12(mll, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
SHELBY WAYNE FIFE
CIVIL ACTION NO. 6:11cv508
MEMORANDUM ADOPTING REPORT AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
AND ENTERING FINAL JUDGMENT
The Petitioner Shelby Fife, proceeding pro se, filed this application for the writ of habeas
corpus challenging the legality of his parole revocation. 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
Fife complained of the revocation of his parole, which occurred on July 16, 2009. The
Magistrate Judge ordered the Respondent to answer the petition, and the Respondent filed an answer
arguing that the statute of limitations had expired. Fife filed a response to this answer.
After review of the pleadings, the Magistrate Judge issued a Report recommending that the
petition be dismissed. The Magistrate Judge noted that the statute of limitations had expired on
Fife’s claims, but that more importantly, Fife has now been released from confinement, rendering
his claim for habeas corpus relief from the revocation of his parole moot. Spencer v. Kenma, 523
U.S. 1, 12, 118 S.Ct. 978, 985 (1009).
Fife received a copy of the Magistrate Judge’s Report on May 2, 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
district court. Douglass v. United Services Automobile Association, 79 F.3d 1415, 1430 (5th Cir.
1996) (en banc).
The Court has reviewed the pleadings in this cause and the Report of the Magistrate Judge.
Upon such review, the Court has determined that the Report of the Magistrate Judge is correct. It
ORDERED that the Report of the Magistrate Judge (docket no. 17) is ADOPTED as the
opinion of the District Court. It is further
ORDERED that the above-styled application for the writ of habeas corpus is hereby
DISMISSED as moot and, alternatively, DISMISSED with prejudice based upon the expiration of
the statute of limitations. It is further
ORDERED that the Petitioner Shelby Fife is hereby DENIED a certificate of appealability
sua sponte. Finally, it is
ORDERED that any and all other motions which may be pending in this civil action are
So ORDERED and SIGNED this 14th day of June, 2012.
UNITED STATES DISTRICT JUDGE
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