Harmon v. Director TDCJ - CID

Filing 9

ORDER adopting 7 Report and Recommendation. The petition for writ of habeas corpus is dismissed without prejudice. Petitioner is denied a certificate of appealability sua sponte. All motions not previously ruled on are denied. Signed by District Judge Thad Heartfield on 6/6/19. (tkd, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
SCOTT D. HARMON, #2188407

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VS.

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DIRECTOR, TDCJ-CID

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CIVIL ACTION NO. 6:18cv261

ORDER OF DISMISSAL
Petitioner Scott Harmon, pro se, a prisoner confined within the Texas Prison system, filed
this federal petition for a writ of habeas corpus. The case was referred to the United States
Magistrate Judge, the Honorable Judge K. Nicole Mitchell, for findings of fact, conclusions of
law, and recommendations for disposition of the case.
On April 1, 2019, Judge Mitchell issued a Report, (Dkt. #7), recommending that
Petitioner’s habeas petition be dismissed, without prejudice, for Petitioner’s failure to obey an
order of the court. Specifically, Judge Mitchell found that Petitioner failed to (1) pay the $5.00
filing fee or (2) submit an application to proceed in forma pauperis, as ordered by the court in July
2018, (Dkt. #5). A copy of this Report was sent to Petitioner’s address; return receipt requested.
The docket illustrates that Petitioner received a copy of the Report on April 23, 2019, (Dkt. #8).
However, to date, no objections to the Report have been filed.
Because Petitioner has failed to file objections to Judge Mitchell’s Report, 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 Auto. Ass’n., 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.”). Accordingly, it is
ORDERED that the Report of the United States Magistrate Judge, (Dkt. #7), is
ADOPTED as the opinion of the Court. Further, it is
ORDERED that Petitioner’s federal habeas petition is DISMISSED, without prejudice,
for Petitioner’s failure to obey an order of the court. Moreover, it is
ORDERED that Petitioner is DENIED a certificate of appealability sua sponte. Finally,
it is
ORDERED that any and all motions which may be pending in this civil action are hereby
DENIED.

SIGNED this the 6 day of June, 2019.

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Thad Heartfield
United States District Judge

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