Beach v. Lumpkin
Beach v. Lumpkin
Trial Court Opinion
Southern District of Texas ENTERED UNITED STATES DISTRICT COURT August 17, 2024 SOUTHERN DISTRICT OF TEXAS Nathan Ochsner, Clerk CORPUS CHRISTI DIVISION JOSEPH ANDREW BEACH, § Petitioner, VS. § CIVIL ACTION NO. 2:21-CV-14 BOBBY LUMPKIN, Respondent. ORDER ADOPTING MEMORANDUM & RECOMMENDATION Before the Court is Magistrate Judge Julie Hampton’s Memorandum and Recommendation (M&R). (D.E. 7). The parties were provided proper notice of, and the opportunity to object to, the Magistrate Judge’s M&R. See
28 U.S.C. § 636(b)(1); FED. R. Civ. P. 72(b); General Order No. 2002-13. No objection has been filed. When no timely objection has been filed, the district court need only determine whether the Magistrate Judge’s M&R is clearly erroneous or contrary to law. United States v. Wilson,
864 F.2d 1219, 1221(Sth Cir. 1989) (per curiam); Powell v. Litton Loan Servicing, LP, No. CIV. A. H-14-2700,
2015 WL 3823141, at *1 (S.D. Tex. June 18, 2015). Having carefully reviewed the proposed findings and conclusions of the Magistrate Judge, the filings of the parties, the record, and the applicable law, and finding that the M&R is not clearly erroneous or contrary to law, the Court ADOPTS the M&R in its entirety. (D.E. 7). Accordingly, this case is DISMISSED prior to service pursuant to the screening provisions of Rule 4 of the Rules Governing Section 2254 Cases because
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it is clear from the petition that Petitioner is not entitled to relief. See (D.E. 1). A Certificate of Appealability is DENIED. SO ORDERED. / vy / «A □ ORALES UNITED STATES DISTRICT JUDGE
Dated: Corpus Christi, Texas August If , 2021
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Reference
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