IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION

JEFFREY CLINTON VACCARO, § #1275094, § § Petitioner, §

§ Case No. 6:19-CV-137-JDK-KNM v. § § DIRECTOR, TDCJ-CID, §

Respondent. §

ORDER ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE

This action was referred to United States Magistrate Judge John D. Love pursuant to

. Docket No. 2. The Report and Recommendation of the Magistrate Judge (Docket No. 12) recommended that the petition for writ of habeas corpus be dismissed with prejudice. It was further recommended that a certificate of appealability should be denied. 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

(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,

(5th Cir. 1996) (en banc), superseded on other grounds by statute,

(b)(1) (extending the time to file objections from ten to fourteen days). The Report recommended dismissal of Petitioner’s petition with prejudice. Petitioner’s challenge to his prison disciplinary case is not cognizable because he is not eligible for release on mandatory supervision. 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. 13) 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 29th day of June, 2020. en DY Konbe JERQMY D, RERNODIE UNITED STATES DISTRICT JUDGE