v. Director of TDCJ-CID

Filing 11

ORDER ADOPTING REPORT AND RECOMMENDATIONS. The above-styled application for the writ of habeas corpus be and hereby is dismissed with prejudice. It is further ordered that the Petitioner La Candy Hill is hereby denied a certificate of appealability sua sponte. Finally, it is ordered that any and all motions which may be pending in this cause are hereby denied. Signed by Judge Ron Clark on 10/27/09. (ljw, )

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS LUFKIN DIVISION LA CANDY HILL v. DIRECTOR, TDCJ-CID § § § CIVIL ACTION NO. 9:09cv106

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE AND ENTERING FINAL JUDGMENT The Petitioner La Candy Hill, proceeding pro se, filed this application for the writ of habeas corpus under 28 U.S.C. §2254 complaining of the legality of her 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. Hill was convicted of robbery on March 5, 2002, in the 159th Judicial District Court of Anderson County, Texas. She did not take a direct appeal, but sought state habeas corpus relief on March 30, 2009, which petition was denied without written order by the Texas Court of Criminal Appeals on May 20, 2009. She then filed the present federal habeas corpus petition on June 17, 2009. After review of the pleadings, the Magistrate Judge issued a Report recommending that the petition be dismissed because of the expiration of the statute of limitations. Hill received a copy of this Report on August 3, 2009, but filed no objections thereto; accordingly, she 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). 1

The Court has reviewed the pleadings in the cause and the Report of the Magistrate Judge. Upon such review, the Court has concluded that the Report of the Magistrate Judge is correct. It is accordingly ORDERED that the Report of the Magistrate Judge (docket no. 5) is hereby ADOPTED as the opinion of the District Court. It is further ORDERED that the above-styled application for the writ of habeas corpus be and hereby is DISMISSED with prejudice. It is further ORDERED that the Petitioner La Candy Hill is hereby denied a certificate of appealability sua sponte. Finally, it is ORDERED that any and all motions which may be pending in this cause are hereby DENIED. So ORDERED and SIGNED this 27 day of October, 2009.

___________________________________ Ron Clark, United States District Judge

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