Campos v. Collier, TDCJ Director

UNITED STATES DISTRICT COURT March 03, 2025 SOUTHERN DISTRICT OF TEXAS Nathan Ochsner, Clerk MCALLEN DIVISION JESUS ABIDES CAMPOS § § Petitioner, § § v. § Civil Action No. 7:24-CV-00328 § BRYAN COLLIER, TDCJ DIRECTOR, § and TDCJ-CID DIRECTOR, § § Respondents. § ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE Pending before the Court is the February 12, 2025, Memorandum and Recommendation (“M&R”) prepared by Magistrate Judge J. Scott Hacker. (Dkt. No. 17).

Judge Hacker made findings and conclusions and recommended that Petitioner’s Petition for Writ of Habeas Corpus, (Dkt. No. 1), be denied as time-barred and that the case be dismissed, (Dkt. No. 17 at 10). Judge Hacker further recommended that this Court deny Petitioner a certificate of appealability (“COA”). (Dkt. No. 17 at 10).

The Parties were provided proper notice and the opportunity to object to the M&R. See 28 U.S.C. § 636(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., 434 F.3d 303, 308 (5th Cir. 2005). No plain error appears.

Accordingly, the Court accepts the M&R and adopts it as the opinion of the Court.

It is therefore ordered that: (1) Judge Hacker’s M&R, (Dkt. No. 17), is ACCEPTED and ADOPTED in its entirety as the holding of the Court; Petitioner’s Petition for Writ of Habeas Corpus, (Dkt. No. 1), is DENIED and the case is DISMISSED with prejudice; and (3) the Court DECLINES to issue a certificate of appealability in this matter.

It is SO ORDERED.

Signed on March 3, 2025.

DREW B. TIPTON UNITED STATES DISTRICT JUDGE