Watson v. DIRECTOR, TDCJ-ID

Filing 11

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 8 Report and Recommendations of the United States Magistrate Judge. ORDERED that the writ of habeas corpus is DISMISSED with prejudice, the Petitioner Curtis Watson is DENIED a certificate of appealability, and any pending motions in this civil action are DENIED. Signed by Judge Michael H. Schneider on 4/25/2013. (gsg)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
CURTIS LYNN WATSON

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v.

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DIRECTOR, TDCJ-CID

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CIVIL ACTION NO. 6:13cv4

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
AND ENTERING FINAL JUDGMENT
The Petitioner Curtis Watson, proceeding pro se, filed this application for the writ of habeas
corpus challenging 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.
Watson complained of a conviction for bail jumping, which he received on June 18, 2009.
He did not appeal, but sought state habeas corpus relief on July 27, 2012, which was denied without
written order on December 5, 2012.
After review of the pleadings, the Magistrate Judge issued a Report on January 18, 2013,
recommending that the petition be denied because of the expiration of the statute of limitations.
Watson received a copy of this Report on January 29, 2013, 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).

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The Court has reviewed the pleadings and records in this cause as well as 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. 8) is ADOPTED as the
opinion of the District Court. It is further
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ORDERED that the above-styled application for the writ of habeas corpus is hereby

DISMISSED with prejudice. It is further
ORDERED that the Petitioner Curtis Watson 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.
It is SO ORDERED.
SIGNED this 25th day of April, 2013.

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MICHAEL H. SCHNEIDER
UNITED STATES DISTRICT JUDGE

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