Yeager v. State of Texas

Filing 7

MEMORANDUM OPINION AND ORDER accepting and incorporating the 6 Proposed Findings and Recommendation by Magistrate Judge and ORDERS judgment consistent with the findings and recommendations; denying the 2 Petition Under 28 U.S.C. § 2254 f or Writ of Habeas Corpus by a Person in State Custody; denying as moot the 1 Application to Proceed Without Prepayment of Fees and Costs; and dismissing this action from the docket of this Court. Signed by Judge Joseph R. Goodwin on 3/27/2017. (cc: counsel of record; any unrepresented party) (taq)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
CHARLESTON DIVISION
ANGELA MARYELLA YEAGER,
Petitioner,
v.

CIVIL ACTION NO. 2:17-cv-01167

STATE OF TEXAS,
Respondent.

MEMORANDUM OPINION AND ORDER
This action was referred to the Honorable Cheryl A. Eifert, United States
Magistrate Judge, for submission to this court of proposed findings of fact and
recommendation for disposition pursuant to 28 U.S.C. § 636(b)(1)(B). The Magistrate
Judge submitted her Proposed Findings of Fact and Recommendations [ECF No. 6]
(“PF&R”) and recommended that the court DENY the petitioner’s Petition Under 28
U.S.C. § 2254 for Writ of Habeas Corpus by a Person in State Custody [ECF No. 2].
Neither party filed objections to the Magistrate Judge’s PF&R.
The failure to object to a magistrate judge’s report may be deemed a waiver on
appeal of the substance of the report and the court need only satisfy itself that there
is no clear error on the face of the record in order to accept the recommendation. See

Camby v. Davis, 718 F.2d 198, 200 (4th Cir. 1983); Campbell v. United States D. Ct.
N.D. Cal., 501 F.2d 196, 206 (9th Cir. 1974). The court has reviewed the Magistrate

Judge’s PF&R and finds no clear error on the face of the record. Accordingly, the court
ACCEPTS and INCORPORATES herein the PF&R [ECF No. 6] and ORDERS
judgment consistent with the findings and recommendations. The court ORDERS
that the Petition Under 28 U.S.C. § 2254 for Writ of Habeas Corpus by a Person in
State Custody [ECF No. 2] is DENIED, the Application to Proceed Without
Prepayment of Fees and Costs [ECF No. 1] is DENIED as moot, and this action is
DISMISSED from the docket of this court.
The court DIRECTS the Clerk to send a copy of this Order to counsel of record
and any unrepresented party.
ENTER:

2

March 27, 2017