Burell v. Director, TDCJ-CID

Filing 15

MEMORANDUM ORDER adopting 13 Report and Recommendation. Ordered that the Petitioner's 11 motion for voluntary dismissal is granted and the above-styled application for the writ of habeas corpus is dismissed without prejudice on the motion of the Petitioner. Ordered that any and all motions which may be pending in this action are hereby denied. Signed by Judge Ron Clark on 7/19/2017. (bjc, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
ROBERT BURELL

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v.

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DIRECTOR, TDCJ-CID

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CIVIL ACTION NO. 6:17cv54

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
AND ENTERING FINAL JUDGMENT
The Petitioner Robert Burell, proceeding pro se, filed this application for the writ of habeas
corpus under 28 U.S.C. §2254 complaining of the legality of his confinement. 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.
Burell 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
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ORDERED that the Report of the Magistrate Judge (docket no. 13) is ADOPTED as the
opinion of the District Court. It is further
ORDERED that the Petitioner’s motion for voluntary dismissal (docket no. 11) 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
Jul 19, 2017

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