IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION

BILLY JOHN ROBERSON, ) ) Plaintiff, ) ) v. ) ) ROWLETT TEXAS POLICE ) DEPARTMENT, et al., ) ) Defendant. ) Civil Action No. 3:20-CV-3578-C-BN

ORDER Before the Court are the Findings, Conclusions, and Recommendation of the United States Magistrate Judge therein advising that Plaintiff's construed pro se application for writ of habeas corpus under

, as amended, should be dismissed without prejudice subject to Plaintiff's right to seek authorization to file a successive application.' The Court conducts a de novo review of those portions of the Magistrate Judge’s report or specified proposed findings or recommendations to which a timely objection is made.

(b)(1)(C). Portions of the report or proposed findings or recommendations that are not the subject of a timely objection will be accepted by the Court unless they are clearly erroneous or contrary to law. See United States v. Wilson,

(5th Cir. 1989). After due consideration and having conducted a de novo review, the Court finds that Plaintiff's objections should be OVERRULED.’ The Court has further conducted an

' The Court notes that Plaintiff appears to continue to file amended complaints in an effort to avoid dismissal. > The Court construes Plaintiffs Motion of Challenging Decision Made to be objections to the Magistrate Judge’s Findings, Conclusions, and Recommendation. See Doc. 9,

independent review of the Magistrate Judge’s findings and conclusions and finds no error. It is therefore ORDERED that the Findings, Conclusions, and Recommendation and Supplemental Findings thereto’ are ADOPTED as the findings and conclusions of the Court. For the reasons stated therein, the Court ORDERS that Plaintiff's construed pro se application for writ of habeas corpus under

, as amended, be DISMISSED without prejudice subject to Plaintiff's right to seek authorization to file a successive application in the United States Court of Appeals for the Fifth Circuit. ik SO ORDERED this__// day of January, 2021.

og oy Lt4VIFOYf Le SAMR/C Moy INGS f/ “SENIOR UMITED STATES DISTRICT JUDGE

* See Doc. 7.