Johnson v. Sheriff, Gregg County

District Court, E.D. Texas

Johnson v. Sheriff, Gregg County

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS No. 6:20-cv-00082 Mark Tyrone Johnson, Petitioner, v. Sheriff, Gregg County, Respondent. Before BARKER, District Judge ORDER Petitioner Mark Tyrone Johnson, a pretrial detainee con- fined in the Gregg County Jail, proceeding pro se, filed the above-styled and numbered petition for a writ of habeas cor- pus pursuant to

28 U.S.C. § 2241

. The case was referred to United States Magistrate Judge John D. Love. Doc. 2. Judge Love issued a report and recommendation that the petition be dismissed without prejudice for failure to exhaust state rem- edies and that a certificate of appealability be denied. Doc. 3. Petitioner filed written objections to the report. Doc. 4. He did not, however, file “specific written objections to the pro- posed findings and recommendations,” as required by Fed- eral Rule of Civil Procedure 72(b)(2). Instead, his objections were general. General objections do not entitle petitioner to de novo review of the magistrate judge’s report. See Fed. R. Civ. P. 72(b)(3) (district court must review de novo “any part” of report and recommendation that is “properly” objected to). Therefore, the court need only review the report and recom- mendation for clear error, abuse of discretion, or legal conclu- sions contrary to law. See United States v. Wilson,

864 F.2d 1219, 1221

(Sth Cir. 1989). Having reviewed the report and recommendation, the court finds no clear error, abuse of discretion, or legal

conclusions contrary to law. Accordingly, petitioner’s objec- tions (Doc. 4) are overruled. The report and recommendation (Doc. 3) is adopted. This case is dismissed without prejudice for failure to exhaust state remedies. A certificate of appeala- bility is denied. Any outstanding motions are denied as moot. The clerk of court is directed to close this case. So ordered by the court on March 27, 2020. feels BARKER United States District Judge

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Reference

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