Burton v. Rupert

Filing 24

MEMORANDUM ORDER ADOPTING REPORT AND RECOMMENDATIONS for 22 Report and Recommendations. The Report of the Magistrate Judge (docket no. 22) is ADOPTED as the opinion of the District Court. The above-styled civil action is DISMISSED WITHOUT PREJUDICE for failure to prosecute or to obey an order of the Court. Any and all motions which may be pending in this action are hereby DENIED. Signed by Judge Ron Clark on 09/14/17. (mll, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
BOBBY E. BURTON JR.

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v.

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DIRECTOR, TDCJ-CID

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CIVIL ACTION NO. 6:16cv1222

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
AND ENTERING FINAL JUDGMENT
The Petitioner Bobby Burton, proceeding pro se, filed this application for the writ of habeas
corpus under 28 U.S.C. §2254 apparently challenging a prison disciplinary proceeding. This Court
ordered that the case 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.
Burton’s petition did not set out any specific facts or grounds for relief. The Magistrate
Judge ordered him to file an amended petition, pursuant to Rule 2(c) of the Rules Governing Section
2254 Proceedings in the United States District Courts, but when Burton did not comply, the
Magistrate Judge issued a Report recommending that the petition be dismissed without prejudice
for failure to prosecute or to obey an order of the Court.
Burton received a copy of the Magistrate Judge’s Report on August 4, 2017, but no
objections have been received; 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 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. 22) is ADOPTED as the
opinion of the District Court. It is further
ORDERED that the above-styled civil action is DISMISSED WITHOUT PREJUDICE
for failure to prosecute or to obey an order of the Court. It is further
ORDERED that any and all motions which may be pending in this action are hereby
DENIED.

So Ordered and Signed
Sep 14, 2017

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