Filed: Dec. 28, 2018
Latest Update: Dec. 28, 2018
Summary: ORDER ADOPTING REPORT AND RECOMMENDATION DEBRA M. BROWN , District Judge . On May 15, 2018, United States Magistrate Judge Jane M. Virden issued a Report and Recommendation recommending that the respondents' motion to dismiss 1 Bildrick Jackson's petition for a writ of habeas corpus 2 be granted, that Jackson's petition be dismissed with prejudice, and that a certificate of appealability be denied. Doc. #14 at 5. On May 29, 2018, Jackson acknowledged receipt of the Report and Recommendat
Summary: ORDER ADOPTING REPORT AND RECOMMENDATION DEBRA M. BROWN , District Judge . On May 15, 2018, United States Magistrate Judge Jane M. Virden issued a Report and Recommendation recommending that the respondents' motion to dismiss 1 Bildrick Jackson's petition for a writ of habeas corpus 2 be granted, that Jackson's petition be dismissed with prejudice, and that a certificate of appealability be denied. Doc. #14 at 5. On May 29, 2018, Jackson acknowledged receipt of the Report and Recommendati..
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ORDER ADOPTING REPORT AND RECOMMENDATION
DEBRA M. BROWN, District Judge.
On May 15, 2018, United States Magistrate Judge Jane M. Virden issued a Report and Recommendation recommending that the respondents' motion to dismiss1 Bildrick Jackson's petition for a writ of habeas corpus2 be granted, that Jackson's petition be dismissed with prejudice, and that a certificate of appealability be denied. Doc. #14 at 5. On May 29, 2018, Jackson acknowledged receipt of the Report and Recommendation. Doc. #15. No objections to the Report and Recommendation have been filed.
Under 28 U.S.C. § 636(b)(1), "[a] judge of the court shall make a de novo determination of those portions of the report . . . to which objection is made." "[W]here there is no objection, the Court need only determine whether the report and recommendation is clearly erroneous or contrary to law." United States v. Alaniz, 278 F.Supp.3d 944, 948 (S.D. Tex. 2017) (citing United States v. Wilson, 864 F.2d 1219, 1221 (5th Cir. 1989)).
The Court has reviewed the Report and Recommendation and finds that it is neither clearly erroneous nor contrary to law. Accordingly, the Report and Recommendation [14] is ADOPTED as the order of this Court, the respondents' motion to dismiss [9] is GRANTED, Jackson's petition for a writ of habeas corpus [1] is DISMISSED with prejudice, and a certificate of appealability is DENIED.
SO ORDERED.
