. | Southern District of Texas | ENTERED UNITED STATES DISTRICT COURT March 05, 2020 SOUTHERN|DISTRICT OF TEXAS David J. Bradley, Clerk BROWNSVILLE DIVISION

_ ERNESTO BENAVIDES, JR., | ‘§ Petitioner, §

v. | Civil Action No. 1:20-cv-00010 LORIE DAVIS, Director, Texas | □□ Department of Criminal Justice, | § Correctional Institutions Division, □ Respondent. . § ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION Before the Court is the “Magistrate Judge’s Report and Recommendation” (“R&R”) (Docket No. 5) in the above-captioned case. The R&R recommended the Court dismiss Ermesto Benavides Jr.’s (“Petitioner”) “Petition for 4 Writ of Habeas Corpus by a Person in State Custody” (“Petition”) (Docket No. 1) and decline to idgue a certificate of appealability. Objections were due February 7, 2020. Petitioner filed his out-of-time objections on February 10, 2020. Before filing a successive 28 USC. § 2254 petition, Petitioner must receive authorization from the Fifth Circuit.

(3)(A). This is the third § 2254 petition that Petitioner has filed. See Benavides v. Davis, Civil Action No. 1:15-cv-00181,

(S.D. Tex. Sept. 14, 2016); Benavides v. Davis, Civill Action No. 1:18-cv-00202,

(S.D. Tex. Mar. 19, 2019). And the Fifth Circuit denied Petitioner’s request for authorization. See In Re Ernesto Benavides, Jr., No. 19-40291 (Per Curiam Order dated May 17, 2019). Thus, Petitioner’s third successive § 2254 petition cannot proceed.. After a de novo review of the record, the R&R (Docket No. 5) is ADOPTED. Petitioner’s Petition (Docket No. 1) is DISMISSED WITHOUT PREJUDICE and the Court DECLINES to issue a certificate of appealability. The Clerk of the Court is ORDERED to close this case.

. Signed on this \ 4 h day of Match , 2020.

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