Robinson v. Director, TDCJ-CID
Robinson v. Director, TDCJ-CID
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION ANTONIO ROBINSON, § § Petitioner, § § v. § Case No. 6:20-CV-212-JDK-KNM § DIRECTOR, TDCJ-CID, § § Respondent. § ORDER ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE Petitioner Antonio Robinson, an inmate proceeding pro se, filed the above-styled and numbered petition for writ of habeas corpus. The case was referred to United States Magistrate Judge K. Nicole Mitchell pursuant to
28 U.S.C. § 636. On June 29, 2020, the Magistrate Judge issued a Report and Recommendation (Docket No. 8), recommending that Petitioner’s motion for voluntary dismissal (Docket No. 7) be granted.
Id. at 1. A return receipt indicating delivery to Petitioner was received by the Clerk on July 27, 2020. Docket No. 9. This Court reviews the findings and conclusions of the Magistrate Judge de novo only if a party objects within fourteen days of service of the Report and Recommendation.
28 U.S.C. § 636(b)(1). In conducting a de novo review, the Court 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79 F.3d 1415, 1430(5th Cir. 1996) (en banc), superseded on other grounds by statute,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). Here, Petitioner did not file objections in the prescribed period. The Court therefore reviews the Magistrate Judge’s findings for clear error or abuse of discretion and reviews her legal conclusions to determine whether they are contrary to law. See United States v. Wilson,
864 F.2d 1219, 1221(5th Cir. 1989), cert. denied,
492 U.S. 918(1989) (holding that, if no objections to a Magistrate Judge’s Report are filed, the standard of review is “clearly erroneous, abuse of discretion and contrary to law’’). Having reviewed the Magistrate Judge’s Report and Recommendation, the Court adopts the Report and Recommendation of the United States Magistrate Judge (Docket No. 8) as the findings of this Court. Accordingly, it is hereby ORDERED that the Magistrate Judge’s Report (Docket No. 8) be ADOPTED. It is further ORDERED that Petitioner’s motion for voluntary dismissal without prejudice (Docket No. 7) is GRANTED and the petition is DISMISSED WITHOUT PREJUDICE. So ORDERED and SIGNED this 20th day of August, 2020. qe D Kobe JERQMY D, RERNODIE UNITED STATES DISTRICT JUDGE
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