UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS No. 6:19-cv-00532 Daniel C. Elliston, Petitioner, V. Sheriff Botie Hillhouse, Respondent. Before BARKER, District Judge ORDER Petitioner Daniel C. Elliston brings this petition for a writ of habeas corpus pursuant to

. Doc. 5. The case was referred to United States Magistrate Judge K. Nicole Mitchell. Doc. 2. Judge Mitchell issued a report and recom- mendation that the petition be dismissed without prejudice for failure to exhaust state remedies and that a certificate of appealability be denied. Doc. 13. Petitioner filed no objections. 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,

(Sth Cir. 1989). Having reviewed the report and recommendation, the court finds no clear error, abuse of discretion, or legal conclu- sions contrary to law. Accordingly, the report and recommen- dation (Doc. 13) is adopted. This case is dismissed without prejudice for failure to exhaust state remedies. A certificate of appealability 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 31, 2020. _flackn BARKER United States District Judge