Kelly v. Director TDCJ-CID

Filing 16

MEMORANDUM ORDER ADOPTING REPORT AND RECOMMENDATIONS. The report of the magistrate judge 12 is ADOPTED as the opinion of the District Court. Respondent's motion to dismiss 11 is GRANTED and the above-styled application for the writ of habeas corpus is DISMISSED WITH PREJUDICE. Petitioner Bruce Kelly is DENIED a certificate of appealability sua sponte. All motions which may be pending in this action are hereby DENIED. Signed by Judge Michael H. Schneider on 03/04/15. (mll, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
BRUCE D. KELLY

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v.

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DIRECTOR, TDCJ-CID

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CIVIL ACTION NO. 6:14cv158

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
AND ENTERING FINAL JUDGMENT
The Petitioner Bruce Kelly, proceeding pro se, filed this application for the writ of habeas
corpus under 28 U.S.C. §2254 complaining of 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.
The magistrate judge issued a report recommending that the lawsuit be dismissed based on
the expiration of the statute of limitations. Kelly sought and was granted an extension of time to file
objections, but no objections have been received; accordingly, the parties are 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

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(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. 12) is ADOPTED as the
opinion of the District Court. It is further
ORDERED that the Respondent’s motion to dismiss (docket no. 11) is GRANTED and the
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above-styled application for the writ of habeas corpus is DISMISSED WITH PREJUDICE. It is
further
ORDERED that the Petitioner Bruce Kelly is DENIED a certificate of appealability sua
sponte. 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 4th day of March, 2015.

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MICHAEL H. SCHNEIDER
UNITED STATES DISTRICT JUDGE

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