Johnson v. Director

District Court, E.D. Texas

Johnson v. Director

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS No. 6:23-cv-00240 consolidated with No. 6:23-cv-00244 Morris Landon Johnson, IT, Petitioner, v. Director, TDCJ-CID, Respondent.

ORDER Petitioner Morris Landon Johnson, II, proceeding pro se, filed petitions for a writ of habeas corpus pursuant to

28 U.S.C. § 2254

. The court granted petitioner’s motion to consolidate the petitions and referred the case to a magistrate judge. Docs. 3, 4. The magistrate judge issued a report and recommendation that the court dismiss the petitions without prejudice to peti- tioner’s right to seek permission from the U.S. Court of Appeals for the Fifth Circuit to file a successive petition. Doc. 32 at 12. The report also recommended that the court deny petitioner a certificate of appealability sua sponte. /d. A copy of the report was sent to petitioner on February 19, 2025, and February 25, 2025. To date, however, petitioner has neither filed objections nor oth- erwise responded to the report. When no party objects to a report, the court reviews the rec- ord for clear error. Fed. R. Civ. P. 72(b), advisory committee’s notes to 1983 addition; United States v. Wilson,

864 F.2d 1219, 1221

(5th Cir. 1989) (per curiam). Having reviewed the record, and be- ing satisfied that it contains no clear error, the court accepts the magistrate judge’s findings and recommendations. Petitioner’s habeas petitions are dismissed without prejudice to petitioner’s right to seek permission from the U.S. Court of Appeals for the Fifth Circuit to file a successive petition. A certificate of

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appealability is denied sua sponte. Any pending motions are de- nied as moot. So ordered by the court on September 24, 2025. fLacbnks BARKER United States District Judge

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Reference

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