Begier v. Guerrero

BUZZ BEGIER,
Petitioner,
V.
ERIC GUERRERO,
Respondent.
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
CORPUS CHRISTI DIVISION
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CIVIL ACTION NO. 2:26-CV-00021
ORDER ADOPTING MEMORANDUM & RECOMMENDATION
Before 	the 	Court 	is 	Magistrate 	Judge 	Julie 	K. 	Hampton's 	Memorandum 	and
Recommendation ("M&R"). (D.E. 7). The M&R recommends that the Court dismiss without
prejudice Petitioner' s 28 U.S.C.§ 2254 petition and deny Petitioner a certificate of appealability.
Id. at 5.
The parties were provided proper notice of, and the opportunity to object to , the Magistrate
Judge's M&R. Se e 28 U.S.C. § 636(b)(l); FED. R. Clv. P. 72(b); General Order No. 2002-13. No
objection has been filed. When no timely objection has been filed, the district court need only
determine whether the Magistrate Judge's M&R is clearly erroneous or contrary to law. United
States v. Wilson , 864 F.2d 1219, 1221 (5th Cir. 1989) (per curiam); Powell v. Litton Loan
Servicing, L.P., No. 4:14-CV-02700, 2015 WL 3823141 , at *1 (S.D. Tex. June 18, 2015) (Harmon,
J.) (citation omitted).
Having reviewed the proposed findings and conclusions of the Magistq1te Judge, the filings
of the parties, the record, and the applicable law, and finding that the M&R is not clearly erroneous
or contrary to law, the Court ADOPTS the M&R in its entirety. (D.E. 7). Accordingly, the Court
DISMISSES without prejudice Petitioner's 28 U.S.C.§ 2254 petition, (D.E. 1) , and DENIES
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United States District Court
Southern District of Texas
ENTERED
February 12, 2026
Nathan Ochsner, Clerk
Case 2:26-cv-00021 Document 11 Filed 02/12/26 in TXSD Page 1 of 2

Petitioner a certificate of appealability.
The Court will enter a final judgment separately.
SO ORDERED.
Signed: Corpus Christi, Texas
February ( 2~ 	026
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DAV 	S. MORALES
UNITED STATES DISTRICT JUDGE
Case 2:26-cv-00021 Document 11 Filed 02/12/26 in TXSD Page 2 of 2