Ramirez v. Head

District Court, S.D. Texas

Ramirez v. Head

Trial Court Opinion

□ Southern District of Texas ENTERED May 28, 2025 UNITED STATES DISTRICT COURT Nathan Ochsner. Clerk SOUTHERN DISTRICT OF TEXAS VICTORIA DIVISION DANIEL RAY RAMIREZ, § § Plaintiff, § V. § CIVIL ACTION NO. 6:24-CV-00044 § WARDEN HEAD, § § Defendant. § ORDER ADOPTING MEMORANDUM & RECOMMENDATION Before the Court is Magistrate Judge Julie K. Hampton’s Memorandum and Recommendation (“M&R”). (D.E. 11). The M&R recommends that the Court dismiss this

28 U.S.C. § 2255

petition for lack of jurisdiction as second or successive. /d. at 1. The parties were provided proper notice of, and the opportunity to object to, the Magistrate Judge’s M&R. See

28 U.S.C. § 636

(b)(1); FED. R. Crv. P. 72(b); General Order No. 2002-13. No objection has been filed.! When no timely objection has been filed, the district court need only determine whether the Magistrate Judge’s M&R is clearly erroneous or contrary to law. United States v. Wilson,

864 F.2d 1219, 1221

(Sth Cir. 1989) (per curiam). Having reviewed the proposed findings and conclusions of the Magistrate Judge, the filings of the parties, the record, and the applicable law, and finding that the M&R is not clearly erroneous or contrary to law, the Court ADOPTS the M&R in its entirety. (D.E. 11). Accordingly, the Court DISMISSES this case. (D.E. 1). The Court will enter a final judgment separately.

' The Court sent Petitioner the M&R by certified mail. (D.E. 12). After several weeks, the Court received the certified mail’s receipt, confirming that Petitioner had received the M&R. (D.E. 13). Since then, Petitioner has not filed an objection. Accordingly, the Court considers the M&R ripe and ready to be ruled on. 1/2

SO ORDERED.

D S. MORALES UNITED STATES DISTRICT JUDGE Signed: Corpus Christi, Texas May 2242025

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