Jim Hargrave v. Eric Guerrero, Director, TDCJ-CID

Summary

The United States District Court for the Southern District of Texas adopts a magistrate judge’s Memorandum and Recommendation in Jim Hargrave’s 28 U.S.C. § 2254 habeas petition. Because no objections were filed and the recommendation was not clearly erroneous or contrary to law, the court dismisses the petition and denies a certificate of appealability.

Holdings

1. When no timely objection is filed, the district court need only determine whether the magistrate judge's Memorandum and Recommendation is clearly erroneous or contrary to law.
2. The court adopted the Memorandum and Recommendation and dismissed the petition under 28 U.S.C. § 2254.
3. The court denied Petitioner a certificate of appealability.

Questions Presented

1. Whether the magistrate judge's Memorandum and Recommendation was clearly erroneous or contrary to law in recommending dismissal of the § 2254 petition.
2. Whether a certificate of appealability should be denied.

Disposition

dismissed