□ Southern District of Texas ENTERED , November 17, 2022 UNITED STATES DISTRICT COURT Nathan Ochsner. Clerk SOUTHERN DISTRICT OF TEXAS BROWNSVILLE DIVISION MACARIO RINCON, § “Petitioner”, § § Vv. § Civil Action No. 1:22-cv-00078 § BOBBY LUMPKIN, Director, Texas § Department of Criminal Justice, § Correctional Institutions Division, § “Respondent”. § ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION Before the Court are these pleadings: Plaintiffs “Original Petition for Writ of Habeas” (“Original Petition”) (Dkt. No. 1), Plaintiff's “Amended Petition for Writ of Habeas” (“Amended Petition”) (Dkt. No. 5) and Magistrate Judge’s “Report and Recommendation” (“R&R”) (Dkt. No. 9). The R&R recommends this Court (1) dismiss Plaintiff's Amended Petition (Dkt. No. 5) without prejudice (2) direct the Clerk of Court to close this case and (3) 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 Amended Petition (Dkt. No. 5) is DISMISSED without prejudice. The Clerk of the Court is ORDERED to close this case. The Court DECLINES to issue a certificate of appealability.

Signed on this (ae day of ( love b ecm, 2022.

Rolaptio Olvera Unyed States District Judg