Kerns v. 294th District Court et al

Filing 4

ORDER ACCEPTING REPORT AND RECOMMENDATIONS for 2 Report and Recommendations. Petitioner's mandamus petition is denied, and this proceeding is dismissed with prejudice. A certificate of appealability is denied. Signed by District Judge J. Campbell Barker on 3/27/2024. (NDC)

No. 6:23-cv-00570
Matthew J. Kerns,
Petitioner,
v.
294th District Court et al.
Respondents.
ORDER
Petitioner Matthew J. Kerns, proceeding pro se, filed this
mandamus proceeding. The case was referred to United States
Magistrate Judge John D. Love.
The magistrate judge issued a report (Doc. 2) recommending
that petitioner’s mandamus petition be denied and that the case
be dismissed with prejudice. The magistrate judge further recommended that should a certificate of appealability be required, it
should be denied. A copy of this report was sent to petitioner at
his last-known address via certified mail. The docket reflects that
the mail was returned as undeliverable. Doc. 3. To date, petitioner
has not filed objections or otherwise communicated with the
court. The objection period has expired.
When there have been no timely objections to a magistrate
judge’s report and recommendation, the court reviews it only for
clear error. See Douglass v. United Servs. Auto. Ass’n, 79 F.3d 1415,
1420 (5th Cir. 1996). Having reviewed the magistrate judge’s report, and being satisfied that it contains no clear error, the court
accepts its findings and recommendation. Petitioner’s mandamus
petition is denied, and this proceeding is dismissed with prejudice. A certificate of appealability is denied.

So ordered by the court on March 27, 2024.

J. C AM PB EL L B A RK ER
United States District Judge

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