Southern District of Texas ENTERED UNITED STATES DISTRICT COURT wena □□ SOUTHERN DISTRICT OF TEXAS BROWNSVILLE DIVISION RICKEY EDWARD LEVI, § “Petitioner,” § Vv. : Civil Action No, 1:23-cv-00094 BOBBY LUMPKIN, : “Respondent.” § ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION Before the Court is the “Magistrate Judge’s Report and Recommendation” (“R&R”) (Dkt. No. 15). The R&R recommends this Court (1) grant Respondent’s Motion to Dismiss (Dkt. No. 13); (2) dismiss with prejudice Plaintiff's “Petition Under

for Writ of Habeas Corpus By a Person in State Custody” (“§ 2254 Petition”) (Dkt. No. 1); and (3) direct the Clerk of the Court to close this case. Dkt. No. 15. Objections were due December 5, 2023. No objections were filed by either party. If there have been no objections to the magistrate’s ruling, then the appropriate standard of review is “clearly erroneous, abuse of discretion and contrary to law.” United States v. Wilson,

(Sth Cir. 1989). Shortly after the R&R (Dkt. No. 15) was issued, the Court Clerk docketed a letter from Petitioner written before the R&R’s issuance. Dkt. No. 17. In the letter, Petitioner repeats arguments he made in his § 2254 Petition and other filings. Compare Dkt. Nos. 1 & 14 with Dkt. No. 17. Because Petitioner did not make any new objections or substantive arguments for the magistrate to consider before issuing the R&R, the letter is deemed inconsequential. Finding no clear error, abuse of discretion, or finding contrary to law, the R&R (Dkt. No. 15) is ADOPTED. Petitioner’s § 2254 Petition (Dkt. No. 1) is DISMISSED with prejudice. The Clerk of the Court is ORDERED to close this case. The Court DECLINES to issue a certificate of appealability. See Alexander v, Johnson,

(Sth Cir. 2000) (holding that district courts may deny COA sua sponte without requiring further briefing or argument). The Clerk of the Court is also ORDERED to SEAL Dkt. No. 12-1 to protect the privacy of the victim.

Signed on this ‘eh day of Se Piney. 2024.

Ro}éndo Olvera United States District Judge