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

§ HARRIL GLEN SCOTT, § § Petitioner, § § v. § Case No. 6:19-cv-605-JDK-JDL § DIRECTOR, TDCJ-CID, § § Respondent. § §

ORDER ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE Petitioner Harril Glen Scott, proceeding pro se, filed this application for the writ of habeas corpus under

challenging the legality of his conviction. The case was referred to United States Magistrate Judge John D. Love pursuant to

. After ordering Respondent to answer and receiving copies of the state court records, the Magistrate Judge issued a Report recommending that the petition be dismissed with prejudice as procedurally defaulted. Petitioner received a copy of this Report on November 19, 2020, but no objections have been filed. 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.

(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,

, 1430 5th Cir. 1996) (en banc), superseded on other grounds by statute,

(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 or clear error or abuse of discretion and reviews the legal conclusions to determine whether they are contrary to law. See United States v. Wilson,

(5th Cir. 1989), cert. denied,

(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 the record in this case, the Court finds no clear error or abuse of discretion and no conclusions contrary to law. Accordingly, the Court hereby ADOPTS the Report and Recommendation of the United States Magistrate Judge (Docket No. 17) as the findings of this Court. It is therefore ORDERED that this application for the writ of habeas corpus is DISMISSED WITH PREJUDICE as procedurally defaulted. A certificate of appealability is DENIED sua sponte. So ORDERED and SIGNED this 29th day of December, 2020. qe J Kerb JHREMYD. KERN DLE UNITED STATES DISTRICT JUDGE