Luna v. Director, TDCJ-CID

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No. 6:23-cv-00340
David Martin Luna,
Petitioner,
v.
Director, TDCJ-CID,
Respondent.
O R D E R
Petitioner David Martin Luna petitions for a writ of habeas
corpus regarding his state-court conviction for aggravated sexual
assault of a child. Docs. 1, 9 at 2. The case was referred to a mag-
istrate judge (Doc. 2), who issued a report recommending dis-
missing the petition with prejudice as time-barred. Doc. 15 at 9.
The report also recommended denying a certificate of appealabil-
ity sua sponte. Id. No party filed written objections.
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 cor-
pus (Doc. 1) is dismissed with prejudice as time-barred. A certifi-
cate of appealability is denied sua sponte. Any pending motions
are denied as moot.
So ordered by the court on January 28, 2026.
J. CAM PB EL L BA RK ER
United States District Judge
Case 6:23-cv-00340-JCB-KNM Document 19 Filed 01/28/26 Page 1 of 1 PageID #:
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