Slaughter v. Director, TDCJ-CID

District Court, E.D. Texas

Slaughter v. Director, TDCJ-CID

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION

§ LONNIE RAY SLAUGHTER, § § Petitioner, § § v. § Case No. 6:19-CV-218-JDK-JDL § DIRECTOR, TDCJ-CID, § § Respondent. §

ORDER ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE

Petitioner Lonnie Ray Slaughter, an inmate proceeding pro se, filed the above-styled and numbered Petition for Writ of Habeas Corpus. This case was referred to United States Magistrate Judge John D. Love pursuant to

28 U.S.C. § 636

. On July 29, 2019, the Magistrate Judge issued a Report and Recommendation (Docket No. 5), recommending that the action be dismissed for failure to prosecute and failure to comply with the Court’s order.

Id. at 2

. The Clerk mailed the Report and Recommendation to Petitioner on July 30, 2019. This Court reviews the findings and conclusions of the Magistrate Judge de novo only if a party objects within fourteen days of service of the Report and Recommendation.

28 U.S.C. § 636

(b)(1). In conducting a de novo review, the Court examines the entire record and makes an independent assessment under the law. Douglass v. United Servs. Auto. Ass’n,

79 F.3d 1415, 1430

(5th Cir. 1996) (en banc), superseded on other grounds by statute,

28 U.S.C. § 636

(b)(1) (extending the time to file objections from ten to fourteen days). Here, Petitioner did not file objections in the prescribed period. The Court therefore reviews the Magistrate Judge’s findings for clear error or abuse of discretion and reviews his legal conclusions to determine whether they are contrary to law. See United States v. Wilson,

864 F.2d 1219, 1221

(Sth Cir. 1989), cert. denied,

492 U.S. 918

(1989) (holding that, if no objections to a Magistrate Judge’s Report are filed, the standard of review is “clearly erroneous, abuse of discretion and contrary to law’’). Having reviewed the Magistrate Judge’s Report and Recommendation, the Court adopts the Report and Recommendation of the United States Magistrate Judge (Docket No. 5) as the findings of this Court. Accordingly, it is hereby ORDERED that the Magistrate Judge’s Report (Docket No. 5) be ADOPTED. It is further ORDERED that Petitioner’s Petition is DISMISSED WITHOUT PREJUDICE for failure to prosecute and failure to obey the Court’s order. So ORDERED and SIGNED this 8th day of October, 2019. en D Korb JERQMY D, RERNODIE UNITED STATES DISTRICT JUDGE

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