□ Southern District of Texas ENTERED UNITED STATES DISTRICT COURT □□ □□□□ Ochsner, Clerk SOUTHERN DISTRICT OF TEXAS Nathan □□□□□□□ □□□ : BROWNSVILLE DIVISION JOSEPH CASIANO, § “Petitioner”, § § Vv. § Civil Action No. 1:22-cv-00117 § BOBBY LUMPKIN, § “Respondent”. § ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION Before the Court is Petitioner’s “28 U.S.C. § 2254 Petition for Writ of Habeas Corpus” (“Petition”) (Dkt. No.9), Respondent’s “Answer with Brief in Support of Dismissal” (“Answer”) (Dkt. No. 15), and the “Magistrate Judge’s Report and Recommendation” (“R&R”) (Dkt. No. 16). The R&R recommends this Court (1) dismiss this civil action without prejudice; (2) decline to issue a certificate of appealability; and (3) direct the Clerk of Court to close this case. 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,

(5th Cir. 1989). Finding no clear error, abuse of discretion, or finding contrary to law, the R&R is ADOPTED. ' This civil action is DISMISSED WITHOUT PREJUDICE. The Court DECLINES to issue a certificate of appealability. The Clerk of Court is ORDERED to close this case.

Si . 4). ~~) igned on this % day of ee c kh , 2023.

Rofando Olvera _ nited States Distrgct Judge