UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS No. 6:19-cv-00220 Victor Manuel Ortiz, Petitioner, V. United States of America, Respondent.

ORDER On May 10, 2019, petitioner Victor Ortiz, an inmate for- merly confined at the Bradshaw State Jail, filed a writ of ha- beas corpus. Doc. 1. The petition was referred to United States Magistrate Judge K. Nicole Mitchell. On September 22, 2020, the magistrate judge issued a report recommending that the petition be dismissed without prejudice for petitioner’s fail- ure to comply with an order of the court and his failure to prosecute. Doc. 12. Petitioner did not object to the report and recommenda- tion. When a party fails to object to a magistrate judge’s re- port, the court reviews the record only for clear error. See Douglass v. United Servs. Auto. Ass'n,

(Sth Cir. 1996). Having reviewed the magistrate judge’s report, and being satisfied that it contains no clear error, the court accepts its findings and recommendation. Petitioner’s petition is dis- missed without prejudice. Petitioner is denied a certificate of appealability sua sponte, which refers to an appeal of this case and does not prevent petitioner from refiling. So ordered by the court on November 6, 2020.

J7CAMPBELL BARKER United States District Judge

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