-JKG Ross v. Director, TDCJ-CID, No. 6:2010cv00374 - Document 10 (E.D. Tex. 2010)

Court Description: ORDER ADOPTING REPORT AND RECOMMENDATIONS OF THE UNITED STATES MAGISTRATE JUDGE for 7 Report and Recommendations, AND ENTERING FINAL JUDGMENT. ORDERED that the writ of habeas corpus is DISMISSED with prejudice, that Petitioner DeKendrick Ross is DENIED a certificate of appealability, and that any motions which may be pending in this civil action are DENIED. Signed by Judge Michael H. Schneider on 10/15/2010. (gsg)

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-JKG Ross v. Director, TDCJ-CID Doc. 10 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION DeKENDRICK ROSS § v. § DIRECTOR, TDCJ-CID § CIVIL ACTION NO. 6:10cv374 MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE AND ENTERING FINAL JUDGMENT The Petitioner DeKendrick Ross, proceeding pro se, filed this application for the writ of habeas corpus under 28 U.S.C. §2254 complaining of disciplinary action taken against him during his confinement in the Texas prison. This Court ordered that the matter 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. Ross complained of a disciplinary case which he received for establishing an inappropriate relationship with a correctional officer. As punishment for the offense, Ross received 45 days of cell and commissary restriction, 15 days of solitary confinement, reduction in custody and classification status, and the loss of 180 days of good time. Ross conceded that he was not eligible for release on mandatory supervision. After review of the pleadings, the Magistrate Judge issued a Report recommending that the petition be dismissed with prejudice because Ross did not show the violation of a constitutionally protected liberty interest, as set out in Sandin v. Conner, 115 S.Ct. 2293, 2301 (1995). The Magistrate Judge also recommended that Ross be denied a certificate of appealability sua sponte. 1 Dockets.Justia.com Ross received a copy of the Magistrate Judge’s Report on or before September 22, 2010, 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 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 in this cause 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 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 DeKendrick Ross is hereby DENIED a certificate of appealability sua sponte. Finally, it is ORDERED that any and all motions which may be pending in this civil action are hereby DENIED. SIGNED this 15th day of October, 2010. ____________________________________ MICHAEL H. SCHNEIDER UNITED STATES DISTRICT JUDGE 2

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