Johnson v. United States Of America

Filing 14

ORDER ADOPTING MEMORANDUM AND RECOMMENDATIONS re: 13 Memorandum and Recommendations, granting 6 Opposed MOTION to Dismiss 1 Petition for Writ of Habeas Corpus AND RESPONSE TO 2241 PETITION (Signed by Judge Nelva Gonzales Ramos) Parties notified.(lcayce, 2)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
CORPUS CHRISTI DIVISION
DAVID EARL JOHNSON
Petitioner
VS.
UNITED STATES OF AMERICA

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§ CIVIL ACTION NO. 2:14-CV-00315
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ORDER ADOPTING MEMORANDUM AND RECOMMENDATION
On June 10, 2015, United States Magistrate Judge Jason B. Libby issued his
“Memorandum and Recommendation” (D.E. 13), recommending that Respondent’s
Motion to Dismiss be granted because Petitioner is not entitled to have the disputed time
served in custody credited against his federal sentence when it has already been credited
against his state sentence. The parties were provided proper notice of, and opportunity to
object to, the Magistrate Judge’s Memorandum and Recommendation. FED. R. CIV. P.
72(b); 28 U.S.C. § 636(b)(1); General Order No. 2002-13. No objections have been filed.
When no timely objection to a magistrate judge’s memorandum and
recommendation is filed, the district court need only satisfy itself that there is no clear
error on the face of the record and accept the magistrate judge’s memorandum and
recommendation. Guillory v. PPG Industries, Inc., 434 F.3d 303, 308 (5th Cir. 2005)
(citing Douglass v. United Services Auto Ass’n, 79 F.3d 1415, 1420 (5th Cir. 1996)).
Having reviewed the findings of fact and conclusions of law set forth in the
Magistrate Judge’s Memorandum and Recommendation (D.E. 13), and all other relevant
documents in the record, and finding no clear error, the Court ADOPTS as its own the
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findings and conclusions of the Magistrate Judge. Accordingly, the Respondent’s Motion
to Dismiss (D.E. 6) is GRANTED and this action is DISMISSED WITH PREJUDICE.
ORDERED this 20th day of July, 2015.

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NELVA GONZALES RAMOS
UNITED STATES DISTRICT JUDGE

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