Mickle v. Director - Texas Department of Criminal Justice, Correctional Institutions Division, No. 6:2012cv00678 - Document 6 (E.D. Tex. 2013)
Court Description: MEMORANDUM AND OPINION, and ORDER ADOPTING 4 Report and Recommendations. ORDERED that the Report of the Magistrate Judge is ADOPTED, application for the writ of habeas corpus is DISMISSED without prejudice, and any and all other motions which may be pending in this civil action are DENIED. Signed by Judge Michael H. Schneider on 1/28/2013. (gsg)
Download PDF
<![CDATA[
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION EDWARD MICKLE § v. § DIRECTOR, TDCJ-CID § CIVIL ACTION NO. 6:12cv678 MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE AND ENTERING FINAL JUDGMENT The Petitioner Edward Mickle, proceeding pro se, filed this application for the writ of habeas corpus, although it is not clear what he is challenging. 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 ordered Mickle to file an amended petition under Rule 2 of the Rules Governing Section 2254 Proceedings in the United States District Courts, to specify the grounds for relief and the facts in support of those grounds. The Magistrate Judge also directed Mickle to pay the statutory filing fee or to submit an application for leave to proceed in forma pauperis. When Mickle did not respond to either of these orders, the Magistrate Judge issued a Report on December 19, 2012, recommending that the petition be dismissed without prejudice for failure to prosecute or to obey an order of the Court. Mickle received a copy of this Report on December 26, 2012, 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 proposed factual findings and legal 1 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 cause as well as the Report of the Magistrate Judge. Upon such review, the Court has determined that the Report of the Magistrate Judge is correct. See United States v. Wilson, 864 F.2d 1219, 1221 (5th Cir.), cert. denied, 492 U.S. 918, 109 S.Ct. 3243 (1989) (where no objections to a Magistrate Judge s Report are filed, the standard of review is clearly erroneous, abuse of discretion and contrary to law. ). It is accordingly ORDERED that the Report of the Magistrate Judge (docket no. 4) is ADOPTED as . the opinion of the District Court. It is further ORDERED that the above-styled application for the writ of habeas corpus is hereby DISMISSED without prejudice for failure to prosecute or to obey an order of the Court. It is further ORDERED that any and all other motions which may be pending in this civil action are hereby DENIED. It is SO ORDERED. SIGNED this 28th day of January, 2013. ____________________________________ MICHAEL H. SCHNEIDER UNITED STATES DISTRICT JUDGE 2
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
