Southern District of Texas ENTERED UNITED STATES DISTRICT COURT June 27, 2024 SOUTHERN DISTRICT OF TEXAS Nathan Ochsner, Clerk BROWNSVILLE DIVISION DANIEL VALLEJO RECIO, § “Petitioner,” Vv. Civil Action No. 1:24-ev-00042 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. 41). The R&R recommends this Court (1) dismiss Petitioner’s case without prejudice; (2) direct the Clerk of the Court to close this case; and (3) decline to issue a certificate of appealability. Objections were due June 25, 2024. 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,

(5th Cir. 1989). Finding no clear error, abuse of discretion, or finding contrary to law, the R&R (Dkt. No. 41) is ADOPTED. All claims in Petitioner’s § 2255 petition and supporting supplements (Dkt. Nos. 1 & 11) are DISMISSED without prejudice. The Court DECLINES to issue a certificate of appealability. The Clerk of the Court is ORDERED to close this case.

Signed on this oT day of XN , 2024.

Unftted States District Judge

! Court records show that Plaintiff refused to accept the R&R when it was delivered. Dkt. No. 21.