Sebastian Banda v. Warden J. Johnson

Summary

The United States District Court for the Eastern District of Texas adopted a magistrate judge’s report and recommendation concerning Sebastian Banda’s habeas petition challenging the computation of his sentence. Because no objections were filed, the court granted the respondent’s motion for summary judgment and dismissed the petition with prejudice.

Holdings

1. When a party files no objections to a magistrate judge's report and recommendation, the district judge need not conduct de novo review of the challenged findings and conclusions and reviews the recommendation for clear error, abuse of discretion, or whether it is contrary to law.
2. The magistrate judge's report and recommendation was correct and was adopted as the opinion of the district court; Respondent's motion for summary judgment was granted, and the habeas petition was dismissed with prejudice.

Questions Presented

1. Whether the district court should adopt the magistrate judge's report and recommendation when the petitioner filed no objections.
2. Whether Respondent was entitled to summary judgment and the petition for a writ of habeas corpus should be dismissed with prejudice.

Disposition

dismissed