Opinion

Brown v. TDCJ

Court
District Court, E.D. Texas
Filed
Jul 7, 2021
Cited by
0 cases
Authority
More cited than 29.8%

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF TEXAS

TYLER DIVISION

HENRY BROWN, #747413, §

§

Petitioner, §

§

v. § Case No. 6:21-cv-117-JDK-JDL

§

LAURA HANEY, et al., §

§

Respondents. §

ORDER ADOPTING THE REPORT AND RECOMMENDATION

OF THE UNITED STATES MAGISTRATE JUDGE

Petitioner Henry Brown, a Texas Department of Criminal Justice prisoner proceeding pro

se, filed this petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 in the United States

District Court for the Southern District of Texas. The case was transferred to this Court for proper

venue and was referred to United States Magistrate Judge, John D. Love, for findings of fact,

conclusions of law, and recommendations for the disposition of the case. Docket Nos. 2, 4.

On March 24, 2021, Judge Love observed that Petitioner had improperly combined a

challenge to his conviction with civil rights claims and ordered Petitioner to file an

amended habeas petition and a civil rights complaint. Docket No. 5. Judge Love also ordered

Petitioner to either pay the fees for both sets of claims or submit applications to proceed in

forma pauperis (IFP). Id. On April 7, 2021, Judge Love gave Petitioner an extension of time

until May 7, 2021, and May 21, 2021, to file his IFP applications and amended

pleadings, respectively. Docket No. 9. Petitioner took no further action to prosecute this case,

and on June 4, 2021, Judge Love issued a Report recommending that the petition be dismissed

without prejudice for failure to comply and failure to prosecute. Docket No. 12. A copy of this

Report was sent to Petitioner and received by him on June 10, 2021. Docket No. 13.

This Court reviews the findings and conclusions of the Magistrate Judge de novo only if a

party objects within fourteen days of the Report and Recommendation. 28 U.S.C. § 636(b)(1). In

conducting a de novo review, the Court examines the entire record and makes an independent

assessment under the law. Douglass v. United Servs. Auto. Ass’n, 79 F.3d 1415, 1430 (Sth Cir.

1996) (en banc), superseded on other grounds by statute, 28 U.S.C. § 636(b)(1) (extending the

time to file objections from ten to fourteen days).

Here, Petitioner did not object in the prescribed period. The Court therefore reviews the

Magistrate Judge’s findings for clear error or abuse of discretion and reviews his legal conclusions

to determine whether they are contrary to law. See United States v. Wilson, 864 F.2d 1219, 1221

(Sth Cir. 1989), cert. denied, 492 U.S. 918 (1989) (holding that, if no objections to a Magistrate

Judge’s Report are filed, the standard of review is “clearly erroneous, abuse of discretion and

contrary to law.”).

Having reviewed the Magistrate Judge’s Report and the record in this case, the Court finds

no clear error or abuse of discretion and no conclusions contrary to law. Accordingly, the Court

hereby ADOPTS the Report and Recommendation of the United States Magistrate Judge (Docket

No. 12) as the findings of this Court. Petitioner’s petition for habeas corpus is hereby DISMISSED

without prejudice for failure to prosecute and failure to comply with the Court’s orders. The Court

DENIES a certificate of appealability. All pending motions are DENIED as MOOT.

So ORDERED and SIGNED this 6th day of July, 2021.

qo D Kobe

JERGMY D, KERNODIE

UNITED STATES DISTRICT JUDGE

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.