Shaw v. Director, TDCJ-CID
MEMORANDUM ORDER ADOPTING REPORT AND RECOMMENDATION OF U. S. MAGISTRATE JUDGE. It is ordered that the application for writ of habeas corpus is dismissed with prejudice. Petitioner is denied a certificate of appealability sua sponte. Signed by District Judge Thad Heartfield on 2/14/18. (mrp, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
CIVIL ACTION NO. 6:17cv648
MEMORANDUM ADOPTING REPORT AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
AND ENTERING FINAL JUDGMENT
The Petitioner David Shaw, proceeding pro se, filed this application for the writ of habeas
corpus under 28 U.S.C. §2254 complaining of the legality of prison disciplinary action taken against
him during his confinement in the Texas Department of Criminal Justice, Correctional Institutions
Division. This Court referred the matter 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.
Shaw complained of a disciplinary conviction for the offense of being out of place, for which
he received punishments of 45 days of cell and commissary restrictions and remaining in Line Class
III. He did not lose any good time.
After review of the pleadings, the Magistrate Judge issued a Report concluding that Shaw
failed to show that the punishments imposed upon him as a result of the disciplinary case at issue
implicated any constitutionally protected liberty interests. See Sandin v. Conner, 515 U.S. 472, 484,
115 S.Ct. 2293, 132 L.Ed.2d 418 (1995); Malchi v. Thaler, 211 F.3d 953, 959 (5th Cir. 2000). The
Magistrate Judge therefore recommended that the petition be dismissed and that Shaw be denied a
certificate of appealability sua sponte.
Shaw received a copy of the Magistrate Judge’s Report on December 20, 2017, 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 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. 5) 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 David Shaw 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
SIGNED this the 14 day of February, 2018.
United States District Judge
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