Cogswell v. Quarterman, No. 6:2008cv00292 - Document 9 (E.D. Tex. 2008)
Court Description: ORDER ADOPTING REPORT AND RECOMMENDATIONS of the United States Magistrate Judge and Entering Final Judgment for 7 Report and Recommendations. Application for Writ of Habeas Corpus is DISMISSED with prejudice. Petitioner is denied a certificate of appealability sua sponte. All motions which may be pending are DENIED. Signed by Judge Michael H. Schneider on 12/1/2008. (gsg)
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Cogswell v. Quarterman Doc. 9 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION RICKY COGSWELL § v. § DIRECTOR, TDCJ-CID § CIVIL ACTION NO. 6:08cv292 MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE AND ENTERING FINAL JUDGMENT The Petitioner Ricky Cogswell, proceeding pro se, filed this application for the writ of habeas corpus under 28 U.S.C. §2254 complaining of the legality of his confinement. This Court ordered that the petition 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. Cogswell complains that he was not given credit for time spent on parole which was subsequently revoked. After review of the pleadings, the Magistrate Judge issued a Report on October 14, 2008, recommending that the petition be dismissed. The Magistrate Judge determined that under Texas law, Cogswell was not entitled to credit for time spent on parole which was subsequently revoked, and that this has been upheld by the Fifth Circuit. The Magistrate Judge further recommended that Cogswell be denied a certificate of appealability sua sponte. Cogswell received a copy of this Report on October 21, 2008, but filed no objections thereto; 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 unobjectedto 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). 1 Dockets.Justia.com The Court has reviewed the pleadings in this cause 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 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 with prejudice. It is further ORDERED that the Petitioner Ricky Cogswell be and hereby is denied a certificate of appealability sua sponte. Finally, it is ORDERED that any and all motions which may be pending in this action are hereby DENIED. SIGNED this 1st day of December, 2008. ____________________________________ MICHAEL H. SCHNEIDER UNITED STATES DISTRICT JUDGE 2
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