Alexander v. Sheriff, Smith County, No. 6:2009cv00458 - Document 7 (E.D. Tex. 2009)

Court Description: ORDER ADOPTING REPORT AND RECOMMENDATIONS OF THE UNITED STATES MAGISTRATE JUDGE AND ENTERING FINAL JUDGMENT for 5 Report and Recommendations. ORDERED that the Report of the Magistrate Judge is hereby ADOPTED as the opinion of the District Court and the above styled application for the writ of habeas corpus be and hereby is DISMISSED without prejudice. Signed by Judge Michael H. Schneider on 11/20/2009. (gsg)

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Alexander v. Sheriff, Smith County Doc. 7 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION CEDRIC ALEXANDER (aka Jeremy Fitzgerald) v. § SHERIFF, SMITH COUNTY § § CIVIL ACTION NO. 6:09cv458 MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE AND ENTERING FINAL JUDGMENT The Petitioner Jimmie Lewis Brown, proceeding pro se, filed this application for the writ of habeas corpus complaining of the legality of his confinement. 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. Alexander was convicted on September 21, 2009, and filed this petition on October 1, 2009. On October 30, 2009, the Magistrate Judge issued a Report recommending that the petition be dismissed without prejudice for failure to exhaust state remedies. A copy of this Report was sent to Alexander at his last known address, return receipt requested, but no objections have been received; accordingly, he is 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 reviewed the pleadings in this case and 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 1 Dockets.Justia.com . ORDERED that the Report of the Magistrate Judge is hereby ADOPTED as the opinion of the District Court. It is further ORDERED that the above-styled application for the writ of habeas corpus be and hereby is DISMISSED without prejudice. It is further ORDERED that any and all other motions which may be pending in this action are hereby DENIED. SIGNED this 20th day of November, 2009. ____________________________________ MICHAEL H. SCHNEIDER UNITED STATES DISTRICT JUDGE 2

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