Williams v. Rick Thaler, Director, TDCJ - CID
ORDER ADOPTING 14 Report and Recommendations. The application for writ of habeas corpus is hereby DISMISSED as moot. The Petitioner Ivery Williams is hereby DENIED a certificate of appealability sua sponte. Any and all other motions which may be pending in this civil action are hereby DENIED. Signed by Judge Leonard Davis on 08/01/12. cc:petr 8-01-12(mll, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
IVERY TREVINO WILLIAMS
CIVIL ACTION NO. 6:12cv198
MEMORANDUM ADOPTING REPORT AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
AND ENTERING FINAL JUDGMENT
The Petitioner Ivery Williams, proceeding pro se, filed this application for the writ
of habeas corpus challenging the legality of disciplinary action taken against him. 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.
Williams complained of a disciplinary case which he received for tampering with a
heater and a vent, for which he received seven days of restrictions and a transfer to a less desirable
housing assignment. He did not lose any good time and is ineligible for release on mandatory
supervision in any event
After filing his petition, Williams was released on parole. On May 11, 2012, the
Magistrate Judge issued a Report recommending that the petition be dismissed as moot. The
Magistrate Judge concluded that Williams had not shown that he could be subjected to future adverse
consequences as a result of this disciplinary case or that he was in any sense “in custody” as a result
of it. Thus, the Magistrate Judge said, no case or controversy existed and there was no relief which
the Court could grant, rendering the case moot.
Williams received a copy of the Magistrate Judge’s Report on or before May 16,
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. See United States v. Wilson, 864 F.2d 1219, 1221 (5th Cir.), cert. denied, 492 U.S. 918, 109
S.Ct. 3243 (1989) (where no objections to a Magistrate Judge’s Report are filed, the standard of
review is “clearly erroneous, abuse of discretion and contrary to law.”) It is accordingly
ORDERED that the Report of the Magistrate Judge (docket no. 14) 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. It is further
ORDERED that the Petitioner Ivery Williams 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 hereby DENIED.
So ORDERED and SIGNED this 1st day of August, 2012.
UNITED STATES DISTRICT JUDGE
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