Oliver v. Director, TDCJ-CID

Filing 10

ORDER ADOPTING REPORT AND RECOMMENDATIONS of the United States Magistrate Judge for 8 Report and Recommendations. ORDERED that the Petitioners motion for voluntary dismissal is GRANTED and the application for the writ of habeas corpus is DISMISSED without prejudice. Signed by Judge Ron Clark on 9/14/2017. (gsg)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION WILLIE KEITH OLIVER § v. § DIRECTOR, TDCJ-CID § CIVIL ACTION NO. 6:16cv1258 MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE AND ENTERING FINAL JUDGMENT The Petitioner Willie Oliver, proceeding pro se, filed this application for the writ of habeas corpus under 28 U.S.C. §2254 complaining of a prison disciplinary proceeding. This Court referred the case 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. Oliver has filed a motion asking that his petition be dismissed. The Magistrate Judge issued a Report recommending that the motion be granted. Burell received a copy of this Report but 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 unobjected-to 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 concluded 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 1 ORDERED that the Report of the Magistrate Judge (docket no. 8) is ADOPTED as the opinion of the District Court. It is further ORDERED that the Petitioner’s motion for voluntary dismissal (docket no. 7) is GRANTED and the above-styled application for the writ of habeas corpus is DISMISSED without prejudice on the motion of the Petitioner. 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 2

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