Southern District of Texas ENTERED UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS Nathan □□□□□□□□ Clerk CORPUS CHRISTI DIVISION JERMAIN CARDEL MATTHEWS, § Petitioner, : V. CIVIL ACTION NO. 2:22-CV-00284 BOBBY LUMPKIN, Respondent. § ORDER ADOPTING MEMORANDUM & RECOMMENDATION Before the Court is Magistrate Judge Julie K. Hampton’s Memorandum and Recommendation (““M&R”), entered on June 20, 2023. (D.E. 16). The M&R recommends that the Court grant Respondent Bobby Lumpkin’s motion to dismiss, (D.E. 12), and deny Petitioner Jermain Matthews’s

petition, (D.E. 1). (D.E. 16, p. 17). The M&R further recommends that the Court deny a certificate of appealability. Jd. The parties were provided proper notice of, and the opportunity to object to, the Magistrate Judge’s M&R. See

(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,

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

, 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 entirety. (D.E. 16). Accordingly, the Court ORDERS the following:

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e The Court GRANTS Respondent’s motion to dismiss. (D.E. 12). e The Court DENIES Petitioner’s § 2254 petition. (D.E. 1). e The Court DENIES a Certificate of Appealability. A final judgment will be entered separately. SO ORDERED. — ) D S. MORALES UNITED STATES DISTRICT JUDGE Signed: Corpus Christi, Texas July_s#-—, 2023

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