Juan Rafael Rosario v. Director, TDCJ-CID
Juan Rafael Rosario v. Director, TDCJ-CID
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION
JUAN RAFAEL ROSARIO #02160948, § § Petitioner, § § v. § Case No. 6:23-cv-33-JDK-KNM § DIRECTOR, TDCJ-CID, § § Respondent. §
ORDER ADOPTING THE REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE Petitioner Juan Rafael Rosario, a Texas Department of Criminal Justice inmate proceeding pro se, filed this federal petition for a writ of habeas corpus pursuant to
28 U.S.C. § 2254. The petition was referred to United States Magistrate Judge K. Nicole Mitchell for findings of fact, conclusions of law, and recommendations for the disposition of the case. On September 18, 2025, Judge Mitchell issued a Report and Recommendation (Docket No. 36) recommending that the petition be denied, and the case dismissed without prejudice, as moot. A copy of this Report was mailed to Petitioner at his last- known address. To date, Petitioner has not objected to the Report. This Court reviews the findings and conclusions of the Magistrate Judge de novo only if a party objects within fourteen days of service of the Report and Recommendation.
28 U.S.C. § 636(b)(1). In conducting a de novo review, the Court examines the entire record and makes an independent assessment under the law. Douglass v. United Servs. Auto. Ass’n,
79 F.3d 1415, 1430(5th Cir. 1996) (en banc), superseded on other grounds by statute,
28 U.S.C. § 636(b)(1) (extending the time to file objections from ten to fourteen days). Here, Plaintiff did not file any objections. The Court therefore reviews the
Magistrate Judge’s findings for clear error or abuse of discretion and reviews the legal conclusions to determine whether they are contrary to law. See United States v. Wilson,
864 F.2d 1219, 1221(5th Cir. 1989) (holding that, if no objections to a Magistrate Judge’s Report are filed, the standard of review is “clearly erroneous, abuse of discretion and contrary to law”). Having reviewed the Magistrate Judge’s Report and the record in this case, the Court finds no clear error or abuse of discretion and no conclusions contrary to
law. Accordingly, the Court hereby ADOPTS the Report and Recommendation of the United States Magistrate Judge (Docket No. 36) as the findings of this Court. It is therefore ORDERED that the petition for writ of habeas corpus is DENIED, and this action is DISMISSED without prejudice. Any motions pending in this case are DENIED as moot.
Reference
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