Robinson v. Director, TDCJ-CID

Filing 19

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 17 Report and Recommendations of the United States Magistrate Judge. ORDERED that the application for the writ of habeas corpus is DISMISSED WITH PREJUDICE. Signed by Judge Michael H. Schneider on 5/7/2015. (gsg)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION CHARLES RAY ROBINSON § v. § DIRECTOR, TDCJ-CID § CIVIL ACTION NO. 6:14cv764 MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE AND ENTERING FINAL JUDGMENT The Petitioner Charles 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 possession of aggravated robbery, receiving a sentence of life 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. 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 unobjectedto 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 1 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. 17) 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 Charles 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 7th day of May, 2015. ____________________________________ MICHAEL H. SCHNEIDER UNITED STATES DISTRICT JUDGE 2

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