James v. Director TDCJ ID

Filing 12

MEMORANDUM ORDER ADOPTING 10 Report and Recommendations as the opinion of the District Court. This civil action is dismissed with prejudice and a certificate of appealability is denied sua sponte. All pending motions in this case are denied. Signed by Judge Ron Clark on 10/8/10. (leh, )

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James v. Director TDCJ ID Doc. 12 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS LUFKIN DIVISION MASON JAMES v. DIRECTOR, TDCJ-CID CIVIL ACTION NO. 9:10cv74 MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE AND ENTERING FINAL JUDGMENT The Petitioner Mason James, proceeding pro se, filed this application for the writ of habeas corpus under 28 U.S.C. 2254 complaining of the legality of disciplinary action taken against him during his confinement. This Court ordered that the matter 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. After review of the pleadings, the Magistrate Judge issued a Report on September 12, 2010, recommending that the petition be dismissed because James did not show the infringement of a constitutionally protected liberty interest. James received a copy of the Report on September 15, 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). The Court has carefully reviewed the pleadings in this 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 1 Dockets.Justia.com ORDERED that the Report of the Magistrate Judge is 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 Mason James is hereby 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. So ORDERED and SIGNED this 8 day of October, 2010. ___________________________________ Ron Clark, United States District Judge 2

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