Inlow v. Sheriff, Cherokee County

District Court, E.D. Texas

Inlow v. Sheriff, Cherokee County

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION STEVEN D. INLOW, #200066 § VS. § CIVIL ACTION NO. 6:20cv220 SHERIFF, CHEROKEE COUNTY § ORDER ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE Petitioner Steven D. Inlow, a pre-trial detainee at the Cherokee County Jail proceeding pro se and in forma pauperis, filed this petition for writ of habeas corpus under

28 U.S.C. § 2254

challenging a “denial of due process.” The cause of action was referred to United States Magistrate Judge, the Honorable K. Nicole Mitchell, for findings of fact, conclusions of law, and recommendations for the disposition of the petition. On May 5, 2020, Judge Mitchell issued a Report (Docket No. 6) recommending that Petitioner’s federal habeas petition be dismissed, without prejudice, for Petitioner’s failure to exhaust his required state remedies before filing his federal petition. A copy of this Report was sent to Petitioner at his address, with an acknowledgment card. The docket reflects that Petitioner received a copy of the Report on May 13, 2020, (Docket No. 9). However, to date, no objections to the Report have been filed. Because objections to Judge Mitchell’s Report have not been filed, Petitioner is barred from de novo review by the District Judge of those findings, conclusions, and recommendations

and, except upon grounds of plain error, from appellate review of the unobjected-to proposed factual findings and legal conclusions accepted and adopted by the district court. Douglass v. United Services Auto. Ass’n,

79 F.3d 1415, 1430

(5th Cir. 1996) (en banc). The Court has reviewed the pleadings in this cause and the Report of the Magistrate Judge. Upon such review, the Court has determined that the Report of the Magistrate Judge is correct. See United States v. Wilson,

864 F.2d 1219, 1221

(Sth Cir.), cert. denied,

492 U.S. 918

,

109 S.Ct. 3243

(1989) (holding that where no objections to a Magistrate Judge’s Report are filed, the standard of review is “clearly erroneous, abuse of discretion and contrary to law.”). Accordingly, it is ORDERED that the Report of the United States Magistrate Judge, (Docket No. 6), is ADOPTED as the opinion of the Court. Further, it is ORDERED that Petitioner’s federal habeas petition is DISMISSED, without prejudice, for the failure to exhaust state remedies. Moreover, it is ORDERED that Petitioner is DENIED a certificate of appealability sua sponte. Finally, it is ORDERED that any and all motions which may be pending in this cause of action are hereby DENIED. So ORDERED and SIGNED this 15th day of June, 2020. qe D Kobe JERQMY D, RERNODIE UNITED STATES DISTRICT JUDGE

Reference

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