Alexander v. Lumpkin
Alexander v. Lumpkin
Trial Court Opinion
Southern District of Texas . ENTERED UNITED STATES DISTRICT COURT January 2, 2028 SOUTHERN DISTRICT OF TEXAS Nathan Ochsner, Clerk BROWNSVILLE DIVISION NAVERSIA CE’?ALLEN ALEXANDER, § “Petitioner”, § Vv. ; Civil Action No, 1:22-cv-00002 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: Petitioner’s “Petition for Writ of Habeas Corpus by a Person in State Custody” (“Petition”) (Dkt. No. 1), Petitioner’s “Memorandum of Law in Support of Petition Application for Writ of Habeas Corpus” (Dkt. No. 2), Respondent’s “Motion for Summary Judgment with Brief in Support” (““MSJ”) (Dkt. No. 12) and the “Magistrate Judge’s Report and Recommendation” (“R&R”) (Dkt. No. 13). The R&R recommends this Court (1) grant Respondent’s MSJ (Dkt. No. 12) (2) dismiss Petitioner’s Petition with prejudice (3) direct the Clerk of Court to close this case and (4) 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,
864 F.2d 1219, 1221(Sth Cir. 1989). Finding no clear error, abuse of discretion, or finding contrary to law, the R&R is ADOPTED. Respondent’s MSJ (Dkt. No. 12) is GRANTED. Petitioner’s Petition (Dkt. No. 1,2) is DISMISSED with prejudice. The Court declines to issue a certificate of appealability. The Clerk of Court is ORDERED to close this case.
Signed on this ac day of SN SANLAOG 4 , 2023.
re United States District Judge
Reference
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