Southern District of Texas ENTERED UNITED STATES DISTRICT COURT wt | □□□□□□ Olen SOUTHERN DISTRICT OF TEXAS CORPUS CHRISTI DIVISION ANTONIO FLORES VERA, § § . Petitioner, § VS. CIVIL ACTION NO. 2:19-CV-164 LORIE DAVIS, ; Respondent, : ORDER ADOPTING MEMORANDUM AND RECOMMENDATION Before the Court is Magistrate Judge Julie K. Hampton’s Memorandum and Recommendation (M&R), entered on January 23, 2020. (D.E. 16). The M&R recommends that the Court grant Respondent’s motion to dismiss (D.E. 13) and Petitioner’s § 2254 petition be dismissed without prejudice. It is further recommended that a Certificate of Appealability be denied. The parties were provided proper notice of, and the opportunity to object to, the Magistrate Judge’s M&R. See

(b)(1); FED. R. CIV. P. 72(b); General Order

- No. 2002-13. No objection has been filed. When no timely objection has been filed, the

district court need only determine whether the magistrate judge’s memorandum and recommendation is clearly erroneous or contrary to law. United States v. Wilson,

(Sth Cir. 1989) (per curiam); Powell v. Litton Loan Servicing, LP, No. CIV. A. H-14-2700,

, at *1 (S.D. Tex. June 18, 2015). Having carefully reviewed the proposed findings and conclusions of the Magistrate Judge, the filings of the parties, the record, and the applicable law, and finding that the 1/2

M&R is not clearly erroneous or contrary to law, the Court ADOPTS the M&R in its entirety. (D.E. 16). Accordingly, Respondent’s motion to dismiss (D.E. 13) is GRANTED, and Petitioner’s § 2254 petition is dismissed without prejudice as second or successive. The Certificate of Appealability is also hereby DENIED. The Clerk of Court is DIRECTED to close this case. SIGNED and ORDERED this | ie : of Ti DAVID S. MORALES UNITED STATES DISTRICT JUDGE

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