Duran v. Berger

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No. 6:24-cv-00451
David Duran,
Petitioner,
v.
Larry Berger,
Respondent.
O R D E R
David Duran petitions for a writ of habeas corpus regarding
his state-court conviction for aggravated sexual assault. Doc. 1.
The case was referred to a magistrate judge (Doc. 4), who issued
a report recommending that the court dismiss Duran’s petition
without prejudice to his right to seek permission from the U.S.
Court of Appeals for the Fifth Circuit to file a successive petition
and deny Duran a certificate of appealability sua sponte. Doc. 13
at 11. No party filed written objections, and the report mailed to
petitioner was returned twice as “undeliverable.” Docs. 14, 15; see
also Davis v. King, 270 F. App’x 355, 356 (5th Cir. 2008) (per cu-
riam) (unpublished) (holding that it is a petitioner’s responsibility
to update his address). Considering that the court has twice
mailed a copy of the report to Duran’s last-known address, Duran
has received sufficient notice of the report. Watkins v. Numerous
Bureau of Prison Officials, 846 F. App’x 310, 311 (5th Cir. 2021)
(per curiam) (unpublished) (“Notice mailed to his last known ad-
dress was sufficient.” (citing N.Y. Life Ins. Co. v. Brown, 84 F.3d
137, 142 (5th Cir. 1996))).
When there have been no timely objections to a report, “the
court need only satisfy itself that there is no clear error on the face
of the record.” Fed. R. Civ. P. 72(b), advisory committee’s notes
to 1983 amendment. Having reviewed the record and being satis-
fied that there is no clear error, the court accepts the report’s find-
ings and recommendations. The petition for a writ of habeas
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corpus (Doc. 1) is dismissed without prejudice to petitioner’s
right to seek permission from the Fifth Circuit to refile. A certifi-
cate of appealability is denied sua sponte. Any pending motions
are denied as moot.
So ordered by the court on February 2, 2026.
J. CAM PB EL L BA RK ER
United States District Judge
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