Gray v. Cox

District Court, S.D. Texas

Gray v. Cox

Trial Court Opinion

Southern District of Texas ENTERED UNITED STATES DISTRICT COURT July 18, 2023 SOUTHERN DISTRICT OF TEXAS Nathan Ochsner, Clerk CORPUS CHRISTI DIVISION TRACY GRAY, § '

Petitioner, V. CIVIL ACTION NO. 2:23-CV-00011 COX, et al, § Respondents. § ORDER ADOPTING MEMORANDUM & RECOMMENDATION Before the Court is Magistrate Judge Jason Libby’s Memorandum and Recommendation (“M&R”). (D.E. 5). The M&R recommends that the Court dismiss Petitioner’s cause of action because the relief he seeks can only be granted through-a

28 U.S.C. § 2255

petition filed in the Western District of Texas. See

id. at 9

. 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 Magistrate Judge’s M&R is clearly erroneous or contrary to law. United States v. Wilson,

864 F.2d 1219, 1221

(Sth Cir. 1989) (per curiam); Badatki v. Schlumberger Holdings Corp.,

512 F. Supp. 3d 741

, 743-44 (S.D, Tex. 2021) (Eskridge, J.). Having 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. 1/2

5). Accordingly, the Court DISMISSES Petitioner’s cause of action. A final judgment will be entered separately. SO ORDERED.

.M LES UNITED STATES DISTRICT JUDGE

Dated: Corpus Christi, Texas July 17, 2023

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