Composano v. Director, TDCJ-CID

Filing 20

MEMORANDUM adopting 18 Report and Recommendation. Ordered that the writ of habeas corpus is dismissed with prejudice. Ordered that Petitioner Jaime Composano is denied a certificate of appealability sua sponte. Ordered that any and all motions which may be pending in this action are hereby denied. Signed by Judge Ron Clark on 6/15/2017. (bjc, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
JAIME LOPEZ COMPOSANO

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v.

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DIRECTOR, TDCJ-CID

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CIVIL ACTION NO. 6:16cv1052

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
AND ENTERING FINAL JUDGMENT
The Petitioner Jaime Composano, 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.
Composano was convicted of murder and aggravated assault on November 20, 2014,
receiving concurrent sentences of 50 and 20 years. He did not take a direct appeal, but filed a state
habeas corpus application on July 22, 2015. This application was denied without written order by
the Texas Court of Criminal Appeals on October 14, 2015.
Composano filed a second state habeas corpus application on April 6, 2016. This application
was dismissed as successive on July 8, 2016. He signed his federal habeas corpus petition on July
14, 2016.
The Respondent was ordered to answer the petition and filed a response arguing that
Composano’s petition is barred by the statute of limitations. Composano did not file a reply to this
response.

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After review of the pleadings, the Magistrate Judge issued a Report recommending that
Composano’s petition be denied based on the expiration of the statute of limitations. Composano
received a copy of this Report on April 10, 2017, but has filed no objections thereto; accordingly,
he 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 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
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. 18) 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 Jaime Composano 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 15 day of June, 2017.

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Ron Clark, United States District Judge

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