Briley v. United States of America

Filing 9

MEMORANDUM ORDER ADOPTING REPORT AND RECOMMENDATIONS. The Report of the Magistrate Judge 7 is ADOPTED as the opinion of the District Court. The application for the writ of habeas corpus is DISMISSED WITHOUT PREJUDICE. Any and all motions which may be pending in this action are hereby DENIED. Signed by Judge Michael H. Schneider on 02/03/14. (mll, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
JOHN BRILEY

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v.

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UNITED STATES OF AMERICA

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CIVIL ACTION NO. 6:13cv954

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
AND ENTERING FINAL JUDGMENT
The Petitioner John Briley, a former inmate of the Van Zandt County Jail proceeding pro se,
filed this application for the writ of habeas corpus complaining of the legality of his confinement.
This Court ordered that the case 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.
On December 13, 2013, the Magistrate Judge ordered Briley to pay the statutory filing fee
or to file an application for leave to proceed in forma pauperis accompanied by a certified inmate
trust account data sheet, as required by 28 U.S.C. §1915(a)(2). The Magistrate Judge also directed
that Briley file an amended petition setting out his grounds for relief and the facts supporting such
grounds. These orders were returned as undeliverable with the notation that Briley had been released
on December 13. To date, Briley has not notified the Court of his present mailing address or current
whereabouts.
On January 2, 2014, the Magistrate Judge issued a Report recommending that the application
for habeas corpus relief be dismissed without prejudice for failure to prosecute. A copy of this
Report was sent to Briley 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
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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
It is accordingly
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ORDERED that the Report of the Magistrate Judge (docket no. 7) 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 WITHOUT PREJUDICE. Finally, it is
ORDERED that any and all motions which may be pending in this action are hereby
DENIED.
It is SO ORDERED.
SIGNED this 3rd day of February, 2014.

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MICHAEL H. SCHNEIDER
UNITED STATES DISTRICT JUDGE

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