Johnson v. Salmonson
Johnson v. Salmonson
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TEXARKANA DIVISION
BRANDON JOHNSON §
v. § CIVIL ACTION NO. 5:22-CV-116-JRG-JBB
WARDEN, FCI-TEXARKANA §
ORDER Before the Court is Petitioner Brandon Johnson’s petition for writ of habeas corpus under
28 U.S.C. §2241complaining of the computation of his sentence. Docket No. 1. The case was referred to United States Magistrate Judge J. Boone Baxter in accordance with
28 U.S.C. § 636. On September 11, 2024, the Magistrate Judge issued a Report recommending the above- styled application for the writ of habeas corpus be dismissed with prejudice. Docket No. 9. Petitioner acknowledged receipt of the Report on September 18, 2024. Docket No. 10. To date, no objections have been filed. Because no objections have been received, Petitioner is barred from de novo review by the District Judge of the Magistrate Judge’s proposed findings, conclusions and recommendations and, except upon grounds of plain error, from appellate review of the unobjected-to factual findings and legal conclusions accepted and adopted by the District Court. See Duarte v. City of Lewisville, Texas,
858 F.3d 348, 352(5th Cir. 2017); Arriaga v. Laxminarayan, Case No. 4:21-CV-00203- RAS,
2021 WL 3287683, at *1 (E.D. Tex. July 31, 2021). The Court has reviewed the pleadings in this case and the Report of the Magistrate Judge. Upon such review, the Court has determined the Report of the Magistrate Judge is correct. See United States v. Wilson,
864 F.2d 1219, 1221(5th Cir. 1989) (where no objections to a Magistrate Judge’s Report are filed, the standard of review is “clearly erroneous, abuse of discretion and contrary to law”). Accordingly, it 1s ORDERED that the Report of the Magistrate Judge (Docket No. 9) is ADOPTED as the opinion of the District Court. It is further ORDERED the above-captioned application for writ of habeas corpus is DISMISSED with prejudice.
So ORDERED and SIGNED this 17th day of October, 2024.
RODNEY GILSTRAP \ UNITED STATES DISTRICT JUDGE
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