McKnight v. Director, TDCJ-CID

Filing 21

MEMORANDUM ORDER adopting 19 Report and Recommendation. This petition for writ of habeas corpus is dismissed with prejudice. Petitioner is denied a certificate of appealability sua sponte. All motions which may be pending are denied. Signed by District Judge Ron Clark on 8/28/18. (tkd, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
MATTHEW M. McKNIGHT, #1752450

§

VS.

§

DIRECTOR, TDCJ-CID

§

CIVIL ACTION NO. 6:15cv461

MEMORANDUM OPINION ADOPTING REPORT AND
RECOMMENDATIONOF THE UNITED STATES MAGISTRTE JUDGE
Petitioner Matthew Mason McKnight, pro se, filed this petition for writ of habeas corpus
under 28 U.S.C. § 2254 alleging the illegality of his convictions. The cause of action was referred
for findings of fact, conclusions of law, and recommendations for the disposition of the petition.
On January 8, 2018, the Magistrate Judge issued a Report, (Dkt. # 19), recommending that
McKnight’s federal petition for a writ of habeas corpus be dismissed with prejudice as meritless.
The Magistrate Judge also recommended that he be denied a certificate of appealability sua sponte.
The Report was sent to McKnight at the address he provided in his notice of change of address,
(Dkt. #18). No objections were filed during the objection period. On July 24, 2018, the Court remailed the Report to McKnight by regular and certified mail. The docket shows that the Report
was returned as “unclaimed,” (Dkt. #20), and no objections have been submitted—despite
McKnight receiving multiple opportunities to do so.
Accordingly, McKnight is 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 Auto. 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.”). Therefore, it is
ORDERED that the Report of the Magistrate Judge, (Dkt. # 19), is ADOPTED as the
opinion of the District Court. Furthermore, it is
ORDERED that Petitioner’s federal petition for a writ of habeas corpus is DISMISSED
with prejudice. Petitioner is also denied a certificate of appealability sua sponte. Finally, it is
ORDERED that any and all motions which may be pending in this civil action are hereby
DENIED.

So Ordered and Signed
Aug 28, 2018

2