Esquivel v. The Texas Court of Criminal Appeals
Esquivel v. The Texas Court of Criminal Appeals
Trial Court Opinion
UNITED STATES DISTRICT COURT October 26, 2021 SOUTHERN DISTRICT OF TEXAS Nathan Ochsner, Clerk CORPUS CHRISTI DIVISION JESUS ANTONIO ESQUIVEL, § § Plaintiff, § § v. § Civil Action No. 2:20-CV-00286 § TEXAS COURT OF CRIMINAL § APPEALS, § § Defendant. § ORDER ACCEPTING MEMORANDUM AND RECOMMENDATION Pending before the Court is the January 15, 2021 Memorandum and Recommendation (“M&R”) signed by Magistrate Judge Julie K. Hampton. (Dkt. No. 8). Magistrate Judge Hampton recommends that the Court deny pro se Plaintiff Jesus Antonio Esquivel’s Petition for a Writ of Mandamus. (Dkt. No. 1). The Parties were provided proper notice and the opportunity to object to the M&R. See
28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b). No party filed objections, which were due by January 29, 2021.1 As a result, review is straightforward: plain error. Guillory v. PPG Indus., Inc.,
434 F.3d 303, 308(5th Cir. 2005).
1 Esquivel submitted a one-page entreaty requesting that the Court deny the M&R on February 4, 2021, in which he cites no law whatsoever. To the extent the letter could even be construed as an objection, it is time barred. See
28 U.S.C. § 636(b)(1)(C) (“Within fourteen days after being served with a copy [of the proposed findings and recommendations], any party may serve and file written objections to such proposed findings and recommendations as provided by rules of court.”) No plain error appears. Accordingly, the Court ACCEPTS the M&R as the Court’s Memorandum Opinion and Order. The Court DENIES Esquivel’s Petition for a Writ of Mandamus. (Dkt. No. 1). It is SO ORDERED. Signed on October 25, 2021.
DREW B. TIPTON UNITED STATES DISTRICT JUDGE
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