Filed: Dec. 03, 2019
Latest Update: Dec. 03, 2019
Summary: ORDER ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE JEREMY D. KERNODLE , District Judge . Petitioner Abdul Kariem Luqman, an inmate proceeding with counsel, filed the above-styled and numbered petition for a writ of habeas corpus. The case was referred to United States Magistrate Judge John D. Love pursuant to 28 U.S.C. 636. On September 24, 2019, the Magistrate Judge issued a Report and Recommendation (Docket No. 11), recommending that Petitioner's ineffective assi
Summary: ORDER ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE JEREMY D. KERNODLE , District Judge . Petitioner Abdul Kariem Luqman, an inmate proceeding with counsel, filed the above-styled and numbered petition for a writ of habeas corpus. The case was referred to United States Magistrate Judge John D. Love pursuant to 28 U.S.C. 636. On September 24, 2019, the Magistrate Judge issued a Report and Recommendation (Docket No. 11), recommending that Petitioner's ineffective assis..
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ORDER ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE
JEREMY D. KERNODLE, District Judge.
Petitioner Abdul Kariem Luqman, an inmate proceeding with counsel, filed the above-styled and numbered petition for a writ of habeas corpus. The case was referred to United States Magistrate Judge John D. Love pursuant to 28 U.S.C. § 636. On September 24, 2019, the Magistrate Judge issued a Report and Recommendation (Docket No. 11), recommending that Petitioner's ineffective assistance of counsel claims be dismissed. Id. at 8.
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 Ass'n, 79 F.3d 1415, 1430 (5th Cir. 1996) (en banc), superseded on other grounds by statute, 28 U.S.C. § 636(b)(1) (extending the time to file objections from ten to fourteen days).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, Petitioner did not file objections in the prescribed period. The Court therefore reviews the Magistrate Judge's findings for clear error or abuse of discretion and reviews his legal conclusions to determine whether they are contrary to law. See United States v. Wilson, 864 F.2d 1219, 1221 (5th Cir. 1989), cert. denied, 492 U.S. 918 (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 Recommendation, the Court adopts the Report and Recommendation of the United States Magistrate Judge (Docket No. 11) as the findings of this Court.
Accordingly, it is hereby ORDERED that the Magistrate Judge's Report (Docket No. 11) be ADOPTED. It is further
ORDERED that the above-styled motion to vacate or correct sentence is DISMISSED WITH PREJUDICE. It is further
ORDERED that Petitioner Abdul Kariem Luqman is DENIED a certificate of appealability sua sponte.
So ORDERED and SIGNED.
