McCreary v. Director, TDCJ-CID, No. 6:2015cv01171 - Document 19 (E.D. Tex. 2019)
Court Description: MEMORANDUM OPINION adopting the 17 Report and Recommendation. Ordered that Petitioner's federal petition for a writ of habeas corpus is dismissed with prejudice. Petitioner McCreary is also denied a certificate of appealability sua sponte. Ordered that any and all motions that may be pending in this cause of action are hereby denied. Signed by District Judge Ron Clark on 1/7/2019. (bjc, )
Download PDF
<![CDATA[
McCreary v. Director, TDCJ-CID Doc. 19 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION JODY FORD McCREARY, #1694118 § VS. § DIRECTOR, TDCJ-CID § CIVIL ACTION NO. 6:15cv1171 MEMORANDUM OPINION ADOPTING THE REPORT OF THE UNITED STATES MAGISTRATE JUDGE Petitioner Jody Ford McCreary, proceeding pro se, an inmate confined at the Polunsky Unit within the Texas Department of Criminal Justice (TDCJ), filed this petition for a writ of habeas corpus pursuant to § 2254 complaining of the legality of prison disciplinary measures taken against him while housed at the Michael Unit. The case was referred to the United States Magistrate Judge, the Honorable John D. Love. On October 15, 2018, Judge Love issued a Report, (Dkt. #17), recommending that McCreary’s petition be dismissed with prejudice. A copy of this Report was sent to McCreary at his address; return receipt requested. The docket illustrates that McCreary received a copy of the Report on October 22, 2018, (Dkt. #18). However, to date, no objections to the Report have been filed. Accordingly, McCreary 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 conclusions accepted and adopted by the district court. Douglass v. United Services Auto. Association, 79 F.3d 1415, 1430 (5th Cir. 1996) (en banc). 1 Dockets.Justia.com 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.”). Accordingly, it is ORDERED that the Report of the United States Magistrate Judge, (Dkt. #17), is ADOPTED as the opinion of the Court. Further, it is ORDERED that Petitioner’s federal petition for a writ of habeas corpus is DISMISSED with prejudice. Petitioner McCreary is also denied a certificate of appealability sua sponte. Finally, it is ORDERED that any and all motions that may be pending in this cause of action are hereby DENIED. So ORDERED and SIGNED January 7, 2019. ____________________________ Ron Clark, Senior 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.
