Morphis v. Warden Hawkins (FPC Bryan)

District Court, S.D. Texas

Morphis v. Warden Hawkins (FPC Bryan)

Trial Court Opinion

UNITED STATES DISTRICT COURT April 11, 2023 SOUTHERN DISTRICT OF TEXAS Nathan Ochsner, Clerk HOUSTON DIVISION DIXIE ANN MORPHIS, § § Petitioner, § § VS. § Civil Case No. 4:22-CV-02402 § WARDEN HAWKINS (FPC BRYAN), § § Respondent. § ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE Pending before the Court is the March 8, 2023 Report and Recommendation (“R&R”) prepared by Magistrate Judge Peter Bray. (Dkt. No. 22). Magistrate Judge Bray made findings and conclusions and recommended that the Government’s Motion for Summary Judgment, (Dkt. No. 13), be granted and that Morphis’s petition for writ of habeas corpus be denied. The Parties were provided proper notice and the opportunity to object to the R&R. See

28 U.S.C. § 636

(b)(1); Fed. R. Civ. P. 72(b). No party filed an objection. As a result, review is straightforward: plain error. Guillory v. PPG Indus., Inc.,

434 F.3d 303, 308

(5th Cir. 2005). No plain error appears. Accordingly, the Court accepts the R&R and adopts it as the opinion of the Court. It is therefore ordered that: (1) Magistrate Judge Bray’s R&R (Dkt. No. 22) is ACCEPTED and ADOPTED in its entirety as the holding of the Court; and (2) Respondent’s Motion for Summary Judgment, (Dkt. No. 13), is GRANTED. It is SO ORDERED. Signed on April 10, 2023.

DREW B. TIPTON UNITED STATES DISTRICT JUDGE

Reference

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