Paul v. Director, TDCJ-CID

Filing 16

ORDER ADOPTING REPORT AND RECOMMENDATIONS. The report of the magistrate judge 14 is ADOPTED as the opinion of the District Court. The Respondent's motion to dismiss 13 is GRANTED and the above-styled application for the writ of habeas corpus is DISMISSED WITH PREJUDICE. The Petitioner Brian Paul 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 01/12/16. (mll, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
BRIAN PAUL

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v.

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DIRECTOR, TDCJ-CID

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CIVIL ACTION NO. 6:15cv166

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
AND ENTERING FINAL JUDGMENT
The Petitioner Brian Paul, 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.
Paul was convicted of aggravated robbery, receiving a sentence of 50 years in prison. After
exhausting his state remedies, he sought federal habeas corpus relief. The Respondent filed a motion
to dismiss Paul’s petition as barred by the statute of limitations. Paul did not file a response to this
motion.
After review of the pleadings and the state court records, the magistrate judge issued a report
recommending that the petition be dismissed as time-barred. 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. 14) is ADOPTED as the
opinion of the District Court. It is further
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ORDERED that the Respondent’s motion to dismiss (docket no. 13) is GRANTED and the
above-styled application for the writ of habeas corpus is DISMISSED WITH PREJUDICE. It is
further
ORDERED that the Petitioner Brian Paul 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.
SIGNED this 12th day of January, 2016.

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MICHAEL H. SCHNEIDER
UNITED STATES DISTRICT JUDGE

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