Medrano v. Salmonson

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TEXARKANA DIVISION
DAVID MEDRANO,
Petitioner,
v.
WARDEN SALMONSON,
Respondent.
§
§
§
§
§
§
§
§
§
CIVIL ACTION NO. 5:23-CV-54-RWS-JBB
ORDER
Before the Court is Petitioner David Medrano’s petition for writ of habeas corpus under 28
U.S.C. § 2241, which challenges a prison disciplinary action taken against him. Docket No. 1. The
case was referred to United States Magistrate Judge J. Boone Baxter in accordance with 28 U.S.C.
§ 636.
On November 25, 2025, the Magistrate Judge issued a Report and Recommendation,
recommending the above-captioned petition for the writ of habeas corpus be dismissed with
prejudice. Docket No. 13 at 6. Petitioner acknowledged receipt of the Report and Recommendation
on December 3, 2025. Docket No. 14. To date, no objections have been filed.
Because no objections have been received, Petitioner is barred from de novo review by the
District Judge of the Magistrate Judge’s proposed findings, conclusions, and recommendations
and, except upon grounds of plain error, from appellate review of the unobjected-to factual findings
and legal conclusions accepted and adopted by the District Court. See Duarte v. City of Lewisville,
858 F.3d 348, 352 (5th Cir. 2017); Arriaga v. Laxminarayan, No. 4:21-CV-00203-RAS, 2021 WL
3287683, at *1 (E.D. Tex. July 31, 2021).
The Court has reviewed the pleadings in this case and the Report and Recommendation of
the Magistrate Judge. Upon such review, the Court has determined that the Report and
Case 5:23-cv-00054-RWS-JBB Document 15 Filed 02/09/26 Page 1 of 2 PageID #:
<pageID>

Page 2 of 2
Recommendation of the Magistrate Judge is correct. See United States v. Wilson, 864 F.2d 1219,
1221 (5th Cir. 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”). Accordingly, it is
ORDERED that the Report and Recommendation of the Magistrate Judge (Docket No. 13)
is ADOPTED as the opinion of the District Court. It is further
ORDERED that the above-captioned petition for writ of habeas corpus is DISMISSED
WITH PREJUDICE.
.
____________________________________
ROBERT W. SCHROEDER III
UNITED STATES DISTRICT JUDGE
So ORDERED and SIGNED this 9th day of February, 2026.
Case 5:23-cv-00054-RWS-JBB Document 15 Filed 02/09/26 Page 2 of 2 PageID #:
<pageID>