Webb v. Director, TDCJ-CID

Filing 18

MEMORANDUM ORDER ADOPTING REPORT AND RECOMMENDATION OF THE U. S. MAGISTRATE JUDGE. It is ordered that the application for writ of habeas corpus is dismissed with prejudice. Petitioner Michael Webb is denied a certificate of appealability sua sponte. Signed by Judge Ron Clark on 9/28/16. (mrp, )

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

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v.

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DIRECTOR, TDCJ-CID

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CIVIL ACTION NO. 6:15cv158

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
AND ENTERING FINAL JUDGMENT
The Petitioner Michael Webb, 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.
Webb was convicted of aggravated assault on a peace officer, receiving a sentence of life in
prison. After exhausting his state remedies, he sought federal habeas corpus relief. The Respondent
filed an answer, to which Webb did not file a response.
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 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 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. 16) 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 Webb 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.
So ORDERED and SIGNED this 28 day of September, 2016.

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Ron Clark, United States District Judge

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