UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS No. 6:22-cv-00458 Ricardo Martinez Pineda, Petitioner, V. Director, TDCJ-CID, Respondent.

ORDER This habeas corpus action was referred to United States Mag- istrate Judge K. Nicole Mitchell pursuant to

(b). On September 30, 2024, the magistrate judge issued a report rec- ommending that the petition be dismissed with prejudice and that a certificate of appealability be denied sua sponte. Doc. 22. A copy of the report was mailed to the petitioner, who received it on Oc- tober 21, 2024, and did not file written objections. Doc. 23. When no party objects to the magistrate judge’s report and recommendation, the court reviews it only for clear error. See Douglass v. United Servs. Auto. Ass’n,

(5th Cir. 1996). Having reviewed the magistrate judge’s report, and being satisfied that it contains no clear error, the court accepts its find- ings and recommendation. However, the court declines to deny a certificate of appealability sua sponte in this matter. The petition is dismissed with prejudice. Any pending motions are denied as moot. So ordered by the court on February 7, 2025. fabs BARKER United States District Judge

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