Allen v. Collier
Allen v. Collier
Trial Court Opinion
UNITED STATES DISTRICT COURT June 01, 2023 SOUTHERN DISTRICT OF TEXAS Nathan Ochsner, Clerk CORPUS CHRISTI DIVISION
DA-NA ALLEN, § § Petitioner, § § VS. § CIVIL ACTION NO. 2:23-CV-00075 § BRYAN COLLIER, § § Respondent. §
ORDER ADOPTING MEMORANDUM AND RECOMMENDATION On April 18, 2023, United States Magistrate Judge Julie K. Hampton issued a “Memorandum and Recommendation” (M&R, D.E. 12), recommending that this action be dismissed. Petitioner was 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, Allen’s petition is construed as a
28 U.S.C. § 2254petition 1 / 2 and is DISMISSED pursuant to the screening provisions in Rule 4 of the Rules Governing Section 2254 Cases. In the event that Petitioner requests a certificate of appealability, that request is DENIED. ORDERED on June 1, 2023. GONZAIGS RAMOS UNITED STATES DISTRICT JUDGE
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