Matlock v. Sheriff, Smith County

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF TEXAS

No. 6:20-cv-00632

Marcus Dewayne Matlock,

Petitioner,

V.

Sheriff, Smith County,

Respondent.

ORDER

On December 7, 2020, pro se petitioner Marcus Dewayne Matlock filed this petition for a writ of habeas corpus. The case was referred to United States Magistrate Judge John D. Love pursuant to 28 U.S.C. § 636(b). Doc. 2.

On February 1, 2021, the magistrate judge directed peti- tioner to file a response demonstrating that he had exhausted his state court remedies before filing this habeas petition. Doc. 9. Petitioner did not respond. On April 27, 2021, the magis- trate judge entered a report recommending that petitioner’s habeas petition be dismissed without prejudice for want of prosecution and failure to obey a court order. Doc. 10. No ob- jections were filed.

When no party objects to a magistrate judge’s report, it is reviewed only for clear error. Douglass v. United Servs. Auto. Ass'n, 79 F.3d 1415, 1420 (Sth Cir. 1996). Finding no clear error in the report, the court accepts the magistrate judge’s report and recommendation. See Fed. R. Civ. P. 72(b)(3). The petition is dismissed without prejudice.

So ordered by the court on May 26, 2021.

J7CAMPBELL BARKER United States District Judge