Atkins v. Director, TDCJ-CID

District Court, E.D. Texas

Atkins v. Director, TDCJ-CID

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION JOHN LOUIS ATKINS, #2184778, § § Petitioner, § § v. § Case No. 6:19-CV-437-JDK-KNM § DIRECTOR, TDCJ-CID, § § Respondent. § ORDER ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE This action was referred to United States Magistrate Judge K. Nicole Mitchell pursuant to

28 U.S.C. § 636

. Docket No. 3. On May 5, 2020, the Magistrate Judge issued a Report and Recommendation (Docket No. 16) recommending that the petition be dismissed with prejudice because Petitioner has not shown that a protected liberty interest is at stake. Petitioner filed written objections. Docket No. 18. The Court reviews objected-to portions of the Magistrate Judge’s Report and Recommendation de novo. See FED. R. CIV. P. 72 and

28 U.S.C. § 636

(b)(1) (“A judge of the court shall make a de novo determination of those portions of the report or specified proposed findings and recommendations to which objection is made.”). The Court conducting a de novo review 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(5th Cir. 1996) (en banc), superseded on other grounds by statute,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). Having reviewed Petitioner’s objections de novo, the Court concludes that the objections are without merit and that the findings and conclusions of the Magistrate Judge are correct. Accordingly, it is hereby ORDERED that the Report and Recommendation (Docket No. 16) is ADOPTED. It is further ORDERED that the petition for a writ of habeas corpus is DISMISSED WITH PREJUDICE. A certificate of appealability is DENIED. All motions not previously ruled on are DENIED AS MOOT. So ORDERED and SIGNED this 8th day of June, 2020. □ ey UNITED STATES DISTRICT JUDGE

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