-JKG Estrada v. Thaler, Director TDCJ-CID, No. 6:2010cv00412 - Document 18 (E.D. Tex. 2010)

Court Description: MEMORANDUM ADOPTING REPORT AND RECOMMENDATIONS for 16 Report and Recommendations, and Entering Final Judgment. ORDERED that the application for writ of habeas corpus is DISMISSED with prejudice, a certificate of appealability is denied, and any and all motions pending in this civil action are hereby DENIED. Signed by Judge Michael H. Schneider on 11/12/2010. (gsg)

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-JKG Estrada v. Thaler, Director TDCJ-CID Doc. 18 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION JOE SALINAS ESTRADA § v. § DIRECTOR, TDCJ-CID § CIVIL ACTION NO. 6:10cv412 MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE AND ENTERING FINAL JUDGMENT The Petitioner Joe Estrada, proceeding pro se, filed this application for the writ of habeas corpus under 28 U.S.C. §2254 complaining of the legality of disciplinary action taken against him during his confinement. 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. After review of the pleadings, the Magistrate Judge issued a Report recommending that the petition be dismissed, because Estrada did not show the infringement of a constitutionally protected liberty interest. A copy of this Report was sent to Estrada’s 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 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 1 Dockets.Justia.com 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 Joe Salinas Estrada 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 12th day of November, 2010. ____________________________________ MICHAEL H. SCHNEIDER UNITED STATES DISTRICT JUDGE 2

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