White v. Director of TDCJ, No. 6:2014cv00556 - Document 10 (E.D. Tex. 2015)

Court Description: MEMORANDUM AND OPINION and ORDER ADOPTING 9 Report and Recommendations of the United States Magistrate Judge. ORDERED that the application for the writ of habeas corpus is DISMISSED WITH PREJUDICE. Signed by Judge Michael H. Schneider on 2/12/2015. (gsg)
Download PDF
White v. Director of TDCJ Doc. 10 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION DeANDRE WHITE § v. § DIRECTOR, TDCJ-CID § CIVIL ACTION NO. 6:14cv556 MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE AND ENTERING FINAL JUDGMENT The Petitioner DeAndre White, proceeding pro se, filed this application for the writ of habeas corpus under 28 U.S.C. §2254 complaining of the legality of his conviction. 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. White was convicted of possession of a controlled substance on February 23, 2012, receiving a sentence of 10 years in prison. He did not appeal, but sought state habeas corpus relief on February 10, 2013. This application was denied on February 19, 2014. White filed his federal habeas petition on June 11, 2014. The Respondent answered the petition, stating that White’s claims are barred by the statute of limitations and lack merit in any event. White did not file a response to the answer. After review of the pleadings, the magistrate judge issued a report recommending that the petition be dismissed based on the expiration of the statute of limitations. No objections were filed to the report; consequently, the parties are 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 conclusions accepted and adopted 1 Dockets.Justia.com 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 and 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. 9) 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 DISMISSED WITH PREJUDICE. It is further ORDERED that the Petitioner DeAndre White 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 12th day of February, 2015. ____________________________________ MICHAEL H. SCHNEIDER UNITED STATES DISTRICT JUDGE 2