Nunez-Reynoso v. Federal Bureau of Prisons

District Court, S.D. Texas

Nunez-Reynoso v. Federal Bureau of Prisons

Trial Court Opinion

UNITED STATES DISTRICT COURT December 06, 2022 SOUTHERN DISTRICT OF TEXAS Nathan Ochsner, Clerk CORPUS CHRISTI DIVISION

AGUSTIN NUNEZ-REYNOSO, § § Petitioner, § § VS. § CIVIL ACTION NO. 2:22-CV-00144 § FEDERAL BUREAU OF PRISONS, § § Respondent. §

ORDER ADOPTING MEMORANDUM AND RECOMMENDATION

On October 31, 2022, United States Magistrate Judge Julie K. Hampton issued her “Memorandum and Recommendation” (M&R, D.E. 12). The parties were 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 Indus., Inc.,

434 F.3d 303, 308

(5th Cir. 2005) (citing Douglass v. United Servs. 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. 12), 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 Government’s motion to dismiss (D.E. 11) is GRANTED and Nunez-Reynoso’s petition (D.E. 1) is DISMISSED as an abuse of the writ. ORDERED on December 6, 2022. [phy GONZAIGS RAMOS UNITED STATES DISTRICT JUDGE

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