Hernandez-Salinas v. Sanchez

District Court, S.D. Texas

Hernandez-Salinas v. Sanchez

Trial Court Opinion

Southern District of Texas ENTERED UNITED STATES DISTRICT COURT Votan □□□□□ □□□□ SOUTHERN DISTRICT OF TEXAS CORPUS CHRISTI DIVISION JULIO.CESAR HERNANDEZ-SALINAS, § Petitioner, VS. CIVIL ACTION NO, 2:22-CV-00200 JERRY SANCHEZ, Respondent. ORDER ADOPTING MEMORANDUM & RECOMMENDATION Before the Court is Magistrate Judge Mitchel Neurock’s Memorandum and Recommendation (““M&R”). (D.E. 5). The M&R recommends that Petitioner’s

28 U.S.C. § 2241

petition be dismissed prior to service under the screening provisions of Rule 4 of the Rules Governing Section 2254 Cases. Jd. at 1, 7. The parties were provided proper notice of, and the opportunity to object to, the Magistrate Judge’s M&R. See

28 U.S.C. § 636

(b)(1); FED. R. Civ. P. 72(b); General Order No. 2002-13. No objection has been filed. When no timely objection has been filed, the district court need only determine whether the M&R is clearly erroneous or contrary to law. United States v. Wilson,

864 F.2d 1219, 1221

(Sth Cir. 1989) (per curiam); Powell v. Litton Loan Servicing, LP, No. CIV. A. H-14-2700,

2015 WL 3823141

, at *1 (S.D. Tex. June 18, 2015). Having carefully reviewed the proposed findings and conclusions of the Magistrate Judge, the filings of the parties, the record, and the applicable law, and finding that the M&R is not clearly erroneous or contrary to law, the Court ADOPTS the M&R in its 1/2

entirety. (D.E. 5). Accordingly, the Court DISMISSES Petitioner’s § 2241 petition under the screening provisions of Rule 4 of the Rules Governing Section 2254 cases. (D.E. 1). All motions contained in Petitioner’s action are DENIED as moot. (D.E. 1). A final judgment will be entered separately. SO ORDERED.

f f , / (A a \ DAVID'S. MORALES UNITED STATES DISTRICT JUDGE

Signed: Corpus Christi, Texas March 2023

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Reference

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