□ Southern District of Texas ENTERED UNITED STATES DISTRICT COURT September 15, 2022 SOUTHERN DISTRICT OF TEXAS Nathan Ochsner, Clerk BROWNSVILLE DIVISION DAVID GREG GONZALES, § “Plaintiff”, § - § v. § Civil Action No. 1:21-cv-00125 § WILLACY COUNTY SHERIFF’S DEPT., § ETAL., § “Defendants”. § § ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION Before the Court are these pleadings: pro se Plaintiff's “Motion of Writ of Habeas Corpus” and supporting submissions (“Motion”) (Dkt. No. 1, 9, 10, 22, 23, 41) and the “Magistrate Judge’s Report and Recommendation” (“R&R”) (Dkt. No. 43). Plaintiff is seeking to assert civil rights claims against his custodians and a habeas claim. Jd. The Court will construe his Motion as a jointly submitted complaint brought under 42 U.S.C § 1983 (“Complaint”), and a petition brought under

(“Petition”). The R&R addresses Plaintiff's Petition only.! The R&R recommends this Court (1) dismiss Plaintiff's Petition without prejudice; and (2) decline to issue a certificate of appealability. No objections were filed by either party. When no objections are filed to a magistrate judge’s ruling, the district court applies the “clearly erroneous, abuse of discretion and contrary to law” standard of review. United States v. Wilson,

(Sth Cir. 1989). Finding no clear error, abuse of discretion, or finding contrary to law, the R&R is ADOPTED. Plaintiff's Petition (Dkt. No. 1, 9, 10, 22, 23, 41) is DISMISSED without prejudice. The Court declines to issue a certificate of appealability.

Signed on this day of , 2022.

Rolando Olvera United States District Judge

1 The Court will address Plaintiff's § 1983 Complaint in a separate Report and Recommendation.