Hunter v. Director, TDCJ-CID, No. 6:2009cv00118 - Document 17 (E.D. Tex. 2009)
Court Description: ORDER ADOPTING REPORT AND RECOMMENDATIONS OF THE UNITED STATES MAGISTRATE JUDGE AND ENTERING FINAL JUDGMENT for 16 Report and Recommendations. ORDERED that the Report of the Magistrate Judge is hereby ADOPTED as the opinion of the District Court. ORDERED that the Petitioner's motion for voluntary dismissal of his petition is GRANTED and that the above styled civil action be and hereby is DISMISSED without prejudice. ORDERED that any and all motions which may be pending in this action are hereby DENIED. Signed by Judge Michael H. Schneider on 7/23/2009. (gsg)
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Hunter v. Director, TDCJ-CID Doc. 17 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION JOHNNY AL HUNTER § v. § DIRECTOR, TDCJ-CID § CIVIL ACTION NO. 6:09cv118 MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE AND ENTERING FINAL JUDGMENT The Petitioner Johnny Al Hunter, proceeding pro se, filed this application for the writ of habeas corpus under 28 U.S.C. §2254 complaining of thel egality of his confinement with relation to parole issues. This Court ordered that the case be referred to the United States Magistrate Judge pursuant to 28 U.S.C. §636(b)(1) and (3) and the Amended Order for the Adoption of Local Rules for the Assignment of Duties to United States Magistrate Judges. On June 22, 2009, Hunter filed a motion asking that his petition be dismissed. On July 1, 2009, the Magistrate Judge issued a Report recommending that this motion be granted and that Hunter’s petition be dismissed without prejudice. No objections were filed to the Report; accordingly, the parties are barred from de novo review by the district judge of those findings, conclusions, and recommendations and, except upon grounds of plain error, from appellate review of the unobjected-to factual findings and legal conclusions accepted and adopted by the district court. Douglass v. United Services Automobile Association, 79 F.3d 1415, 1430 (5th Cir. 1996) (en banc). The Court has carefully reviewed the pleadings and documents in this case, as well as the Report of the Magistrate Judge. Upon such review, the Court has concluded that the Report of the Magistrate Judge is correct. It is accordingly ORDERED that the Report of the Magistrate Judge is hereby ADOPTED as the opinion of the District Court. It is further 1 Dockets.Justia.com . ORDERED that the Petitioner’s motion for voluntary dismissal of his petition (docket no. 15) is GRANTED and that the above-styled civil action be and hereby is DISMISSED without prejudice. It is further ORDERED that any and all motions which may be pending in this action are hereby DENIED. SIGNED this 23rd day of July, 2009. ____________________________________ MICHAEL H. SCHNEIDER UNITED STATES DISTRICT JUDGE 2
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