Hidrogo v. Rosalez

District Court, W.D. Texas

Hidrogo v. Rosalez

Trial Court Opinion

FILED IN THE UNITED STATES DISTRICT COURT 79 APR 12 PMG □□ FOR THE WESTERN DISTRICT OF TEXAS AUSTIN DIVISION SEFC SEARS □□□ ELISEO FRO IONER, : Ye te. V. : CAUSE NO. A-22-CV-1246-LY WARDEN ROSALEZ, : RESPONDENT. § § ORDER ON REPORT AND RECOMMENDATION Before the court is Petitioner Eliseo Hidrogo’s Petition for Writ of Habeas Corpus (Doc. #1). See

28 U.S.C. § 2241

. The petition for writ of habeas corpus was referred to the United States Magistrate Judge for findings and recommendation. See

28 U.S.C. § 636

(b); Loc. R. W. D. Tex. Appx. C, 1. The magistrate judge filed a Report and Recommendation on February 6, 2023 (Doc. #7), recommending that Hidrogo’s petition for writ of habeas corpus be dismissed without for want of prosecution. A party may serve and file specific, written objections to the proposed findings and recommendations of the magistrate judge within 14 days after being served with a copy of the Report and Recommendation, and thereby secure a de novo review by the district court. See

28 U.S.C. § 636

(b); FED. R. Civ. P. 72(b). A party’s failure to timely file written objections to the proposed findings, conclusions, and recommendation in a Report and Recommendation bars that party, except upon grounds of plain error, from attacking on appeal the unobjected-to proposed factual findings and legal conclusions accepted by the district court. See Douglass v. United Servs. Auto Ass’n,

79 F.3d 1415

(Sth Cir. 1996) (en banc). The parties in this cause were properly notified of the consequences of a failure to file objections. As of the date of this order, no party has filed objections to the findings of fact and

conclusions of law in the Report and Recommendation. The court, having reviewed the entire record and finding no plain error, accepts the report and recommendation filed in this cause for substantially the reasons stated therein. IT IS ORDERED that the United States Magistrate Judge’s Report and Recommendation (Doc. #7) filed in this cause is hereby APPROVED and ACCEPTED. IT IS FURTHER ORDERED that Petitioner Eliseo Hidrogo’s Petition for Writ of Habeas Corpus under

28 U.S.C. § 2241

is DISMISSED WITHOUT PREJUDICE for want of prosecution. SIGNED this JA day of April, 2023.

ree gaKet ; UNI¥ED STATES DISTRICT JUDGE

Reference

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