Holleman v. Director of TDCJ-CID, No. 9:2007cv00294 - Document 18 (E.D. Tex. 2009)
Court Description: MEMORANDUM AND OPINION that the report of the Magistrate Judge is adopted as the opinion of the District Court. The application for the writ of habeas corpus be and hereby is dismissed with prejudice. The petitioner Ronald Holleman is hereby denied a certificate of appealability sua sponte. Any and all motions which may be pending in this action are hereby denied. Signed by Judge Ron Clark on 1/23/09. (djh, )
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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS LUFKIN DIVISION RONALD J. HOLLEMAN § v. § DIRECTOR, TDCJ-CID § CIVIL ACTION NO. 9:07cv294 MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE AND ENTERING FINAL JUDGMENT The Petitioner Ronald Holleman, proceeding pro se, filed this application for the writ of habeas corpus complaining of disciplinary action taken against him during his confinement in the Texas penitentiary. 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. Holleman complained of a disciplinary case charging him with sexual misconduct. The Respondent was ordered to answer the petition and did so. After review of the pleadings and the state records, including the audio tape of the disciplinary hearing, the Magistrate Judge issued a Report on December 9, 2008, recommending that the petition be dismissed and that Holleman be denied a certificate of appealability sua sponte. Holleman received a copy of this Report on December 22, 2008, 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 conclusions accepted and adopted by the district court. Douglass v. United Services Automobile Association, 79 F.3d 1415, 1430 (5th Cir. 1996) (en banc). 1 The Court has reviewed the pleadings and records, as well as the Report of the Magistrate Judge, and has determined that this Report is correct. It is accordingly ORDERED that the Report of the Magistrate Judge is hereby 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 Ronald Holleman is hereby 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. So ORDERED and SIGNED this 23 day of January, 2009. ___________________________________ Ron Clark, United States District Judge 2
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