Myers v. Lumpkin

District Court, S.D. Texas

Myers v. Lumpkin

Trial Court Opinion

UNITED STATES DISTRICT COURT June 21, 2022 SOUTHERN DISTRICT OF TEXAS Nathan Ochsner, Clerk CORPUS CHRISTI DIVISION

TOWNSEL MYERS, § § Petitioner, § § VS. § CIVIL ACTION NO. 2:22-CV-00060 § BOBBY LUMPKIN, § § Respondent. §

ORDER ADOPTING MEMORANDUM AND RECOMMENDATION

On May 11, 2022, United States Magistrate Judge Mitchel Neurock issued his “Memorandum and Recommendation of United States Magistrate Judge” (M&R, D.E. 6). Petitioner was provided proper notice of, and opportunity to object to, the Magistrate Judge’s M&R. Fed. R. Civ. P. 72(b);

28 U.S.C. § 636

(b)(1); General Order No. 2002-13. No objections have been timely filed. When no timely objection to a magistrate judge’s M&R is filed, the district court need only satisfy itself that there is no clear error on the face of the record and accept the magistrate judge’s M&R. Guillory v. PPG Industries, Inc.,

434 F.3d 303, 308

(5th Cir. 2005) (citing Douglass v. United Services Auto Ass’n,

79 F.3d 1415, 1420

(5th Cir. 1996)). Having reviewed the findings of fact and conclusions of law set forth in the Magistrate Judge’s M&R (D.E. 6), and all other relevant documents in the record, and finding no clear error, the Court ADOPTS as its own the findings and conclusions of the Magistrate Judge. Accordingly, the Petitioner’s § 2254 action is DISMISSED without prejudice to his seeking authorization from the Fifth Circuit to file this action in this Court. In the event that Petitioner requests a Certificate of Appealability, that request is DENIED. ORDERED on June 21, 2022. [phy GONZAIGS RAMOS UNITED STATES DISTRICT JUDGE

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