Simpson v. Thaler et al

Filing 18

MEMORANDUM ORDER ADOPTING 14 Report and Recommendations. The application for writ of habeas corpus is DISMISSED with prejudice. Petitioner Orlon Simpson is 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 04/30/13. (mll, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
ORLON JEROME SIMPSON

§

v.

§

DIRECTOR, TDCJ-CID

§

CIVIL ACTION NO. 6:12cv912

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
AND ENTERING FINAL JUDGMENT
The Petitioner Orlon Simpson, proceeding pro se, filed this application for the writ of habeas
corpus under 28 U.S.C. §2254 complaining of the legality of prison disciplinary action taken against
him during his confinement in the Texas Department of Criminal Justice, Correctional Institutions
Division. 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.
Simpson’s first petition was largely indecipherable and he was ordered to file an amended
petition. This amended petition indicates that he was charged with the disciplinary offense of
assaulting an officer; however, he did not lose any good time and is not eligible for release on
mandatory supervision.
After review of the pleadings, the Magistrate Judge issued a Report. The Magistrate Judge
determined that Simpson failed to show that the punishments imposed upon him as a result of the
disciplinary case at issue implicated any constitutionally protected liberty interests. See Sandin v.
Conner, 115 S.Ct. 2293, 2301 (1995); Malchi v. Thaler, 211 F.3d 953, 959 (5th Cir. 2000). The
Magistrate Judge therefore recommended that Simpson’s petition be dismissed and that Simpson be
denied a certificate of appealability sua sponte.

1

A copy of this Report was sent to Simpson at his last known address, return receipt requested,
but no objections have been received; 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 with prejudice. It is further
ORDERED that the Petitioner Orlon Simpson 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 30th day of April, 2013.

__________________________________
LEONARD DAVIS
UNITED STATES DISTRICT JUDGE

2