Gutierrez v. Barr
Gutierrez v. Barr
Trial Court Opinion
□ Southern District of Texas UNITED STATES DISTRICT COURT ENTERED SOUTHERN DISTRICT OF TEXAS June 16. 2021 BROWNSVILLE DIVISION athan Ochsner, Clerk LEONARDO GUTIERREZ, § Petitioner. ots Boon. Be SA Te wes go Eivil Action No. 1:20-cv-00141 MERRICK B. GARLAND, ET AL., § Respondents. §
ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION Before the Court are these pleadings: Leonardo Gutierrez’s (“Petitioner”) “Petition for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241” (“Petition”) (Dkt. No. 1), Respondents’ “Amended Motion to Dismiss or, in the Alternative, to Transfer Venue” (“Motion”) (Dkt. No. 29), Petitioner’s “Opposition for ‘Respondents’ Amended Motion to Dimiss [sic] or, in the Alternative to Transfer Venue” (Dkt. No. 30), Respondents’ “Reply to Petitioner’s Response to Amended Motion to Dismiss or, in the Alternative, to Transfer Venue” (Dkt. No. 31), and the “Magistrate Judge’s Report and Recommendation” (“R&R”) (Dkt. No. 34). . The R&R recommends this Court grant Respondents’ Motion and transfer the Petition to the U.S. District Court, Western District of Louisiana, Alexandria Division. See Dkt. No. 34. Objections were due June 9, 2021.' No objections were filed by either party. When no objections
are filed to a magistrate judge’s ruling, the district court applies the “clearly erroneous, abuse of discretion and contrary to law” standard of review. United States v. Wilson,
864 F.2d 1219, 1221(Sth Cir. 1989). Finding no clear error, abuse of discretion, or finding contrary to law, the R&R is ADOPTED. Respondents’ Motion (Dkt. No. 29) is GRANTED. The District Court Clerk is ORDERED to transfer Petitioner’s Petition to the U.S. District Court, Western District of Louisiana, Alexandria Division. Signed on this □ Sst. day of Sune 2021.
Rolando Olvera United States District Judge Magistrate Judge set the objections deadline for June 2, 2021. Petitioner was served’the R&R within 14 days of the June 2 deadline. See Dkt. Nos. 36-37. This Court reset the objections deadline to June 9. See Fed.R.Civ.P. 72(a) (noting the 14-day clock for objections does not start until a party is served the R&R).
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