UNITED STATES DISTRICT COURT May 21, 2024 SOUTHERN DISTRICT OF TEXAS Nathan Ochsner, Clerk MCALLEN DIVISION

MARTIN AGUILLON, JR., § § Petitioner, § § VS. § Civil Case No. 7:23-CV-00266 § Consolidated with 7:23-CV-00295 BOBBY LUMPKIN, § § Respondent. §

ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE Pending before the Court is the May 2, 2024, Report and Recommendation (“R&R”) prepared by Magistrate Judge Juan F. Alanis. (Dkt. No. 10). Aguillon filed a Petition Under

for Writ of Habeas Corpus by A Person in State Custody, (7:23-CV-00295, Dkt. No. 1), Respondent filed an answer and supporting brief requesting dismissal with prejudice, (Dkt. No. 8), and Petitioner replied, (Dkt. No. 9). Judge Alanis made findings and conclusions and recommended that Aguillon’s Petition Under

for Writ of Habeas Corpus by A Person in State Custody, (7:23-CV-00295, Dkt. No. 1), be denied as time-barred and that Respondent’s request for dismissal with prejudice be granted. (Dkt. No. 10). The Parties were provided proper notice and the opportunity to object to the R&R. See

(b)(1); Fed. R. Civ. P. 72(b). No party filed an objection. As a result, review is straightforward: plain error. Guillory v. PPG Indus., Inc.,

(5th Cir. 2005). No plain error appears. Accordingly, the Court accepts the R&R and adopts it as the opinion of the Court. It is therefore ordered that: (1) Judge Alanis’s R&R (Dkt. No. 10) is ACCEPTED and ADOPTED in its entirety as the holding of the Court; and (2) Aguillon’s Petition Under

for Writ of Habeas Corpus by A Person in State Custody, (7:23-CV-00295, Dkt. No. 1), is DENIED; and (3) | Respondent’s request for dismissal with prejudice, (Dkt. No. 8 at 6), is GRANTED; and (4) The Court DENIES a certificate of appealability in this matter. It is SO ORDERED. Signed on May 21, 2024.

DREW B. TIPTON UNITED STATES DISTRICT JUDGE