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Robert Campbell Nordyke v. Director

April 25, 2013

ROBERT CAMPBELL NORDYKE
v.
DIRECTOR, TDCJ-CID



The opinion of the court was delivered by: Michael H. Schneider United States District Judge

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE AND ENTERING FINAL JUDGMENT

The Petitioner Robert Nordyke, proceeding pro se, filed this application for the writ of habeas corpus challenging the legality of his conviction. 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.

Nordyke filed two identical petitions, which were docketed under cause numbers 6:13cv97 and 6:13cv98. The Magistrate Judge issued a Report recommending that the later case, cause no. 6:13cv98, be dismissed so as to permit Nordyke to proceed in cause no. 6:13cv97. Nordyke received a copy of the Magistrate Judge's Report 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).

The Court has reviewed the pleadings and records in this cause as well as 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."). It is accordingly

ORDERED that the Report of the Magistrate Judge (docket no. 8) is ADOPTED as the opinion of the District Court. It is further

ORDERED that the above-styled application for the writ of habeas corpus is hereby DISMISSED with prejudice as duplicative of cause no. 6:13cv97. The dismissal of the present case shall not prevent Nordyke from fully litigating his claims in cause no. 6:13cv97. It is further

ORDERED that any and all other motions which may be pending in this civil action are hereby DENIED.

It is SO ORDERED.

20130425

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