Robinson v. Director, TDCJ-CID

Filing 15

MEMORANDUM ORDER ADOPTING REPORT AND RECOMMENDATIONS. The report of the magistrate judge 12 is ADOPTED as the opinion of the District Court. The above-styled application for the writ of habeas corpus is DISMISSED WITH PREJUDICE. The Petitioner Michael Robinson is DENIED a certificate of appealability sua sponte. Any and all motions which may be pending in this action are hereby DENIED. Signed by Judge Michael H. Schneider on 05/18/15. (mll, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
MICHAEL ROBINSON

§

v.

§

DIRECTOR, TDCJ-CID

§

CIVIL ACTION NO. 6:14cv232

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
AND ENTERING FINAL JUDGMENT
The Petitioner Michael Robinson, 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.
Robinson was convicted of aggravated assault on a family or household member on March
15, 2012, receiving a sentence of 12 years in prison. After exhausting his state remedies, he sought
federal habeas corpus relief. The Respondent answered Robinson’s federal habeas corpus petition
and Robinson filed a reply to the answer.
After review of the pleadings and the state court records, the magistrate judge issued a report
recommending that the petition be dismissed as barred by the statute of limitations. No objections
were filed to the report; consequently, 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).

1

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. 12) 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 DISMISSED

WITH PREJUDICE. It is further
ORDERED that the Petitioner Michael Robinson 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 18th day of May, 2015.

____________________________________
MICHAEL H. SCHNEIDER
UNITED STATES DISTRICT JUDGE

2