Pinson v. Director

Filing 29

MEMORANDUM OPINION adopting 22 Report and Recommendation. Ordered that Petitioner's petition for a writ of habeas corpus is dismissed with prejudice. Ordered that any and all motions which may be pending in this civil action are hereby denied. Signed by District Judge Ron Clark on 3/12/2018. (bjc)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION DENNIS RAY PINSON, #1898277 § v. § DIRECTOR, TDCJ-CID § CIVIL ACTION NO. 6:17cv31 MEMORANDUM OPINION ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE AND ENTERING FINAL JUDGMENT Petitioner Dennis Ray Pinson (“Pinson”) filed this petition for writ of habeas corpus under 28 U.S.C. § 2254 alleging the illegality of his conviction. The cause of action was referred for findings of fact, conclusions of law, and recommendations for the disposition of the petition. After reviewing the pleadings in this case, the Magistrate Judge issued a Report, (Dkt. #22), recommending that his petition be dismissed with prejudice and that a certificate of appealability be denied. A copy of this Report was sent to Pinson at his address; return receipt requested. The docket shows that Pinson received a copy of the Report on February 7, 2018. However, to date, no objections have been filed. Accordingly, Pinson 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). 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 1 (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.”). Accordingly it is ORDERED that the Report of the Magistrate Judge, (Dkt. #22), is ADOPTED as the opinion of the Court. Moreover, it is ORDERED that Petitioner’s petition for a writ of habeas corpus is DIMISSED with prejudice. Finally, it is ORDERED that any and all motions which may be pending in this civil action are hereby DENIED. So ORDERED and SIGNED this 12 day of March, 2018. ___________________________________ Ron Clark, United States District Judge 2

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