Clark v. Director TDCJ ID

Filing 34

MEMORANDUM ADOPTING 32 Report and Recommendations. The petitioner's 31 motion for relief from judgement is denied. Signed by Judge Ron Clark on 10/4/10. (leh, )

Clark v. Director TDCJ ID

Doc. 34

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS LUFKIN DIVISION ROBERT VERNON CLARK JR. v. DIRECTOR, TDCJ-CID § § § CIVIL ACTION NO. 9:09cv48

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE ON PETITIONER'S MOTION FOR RELIEF FROM JUDGMENT The Petitioner Robert Clark, proceeding pro se, filed this application for the writ of habeas corpus under 28 U.S.C. §2254 complaining of the legality of his conviction. This Court ordered that the case be referred 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. Clark was convicted of robbery and received a 32-year prison sentence. He sought federal habeas corpus review, but relief was denied on October 26, 2009. Clark did not appeal, but filed a motion for relief from judgment on August 20, 2010. After review of the motion, the Magistrate Judge issued a Report on August 25, 2010, recommending that the motion be denied. Clark received a copy of this Report on August 30, 2010, 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).

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The Court has reviewed the pleadings in this cause as well as the Report of the Magistrate Judge. Upon such review, the Court has determined that the Report of the Magistrate Judge is correct. It is accordingly ORDERED that the Report of the Magistrate Judge (docket no. 32) is ADOPTED as the opinion of the District Court. It is further ORDERED that the Petitioner's motion for relief from judgment (docket no. 31) be and hereby is DENIED.
So ORDERED and SIGNED this 4 day of October, 2010.

___________________________________ Ron Clark, United States District Judge

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