James v. Director, TDCJ

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No. 6:25-cv-00185
Otha James,
Petitioner,
v.
Director, TDCJ,
Respondent.
O R D E R
Petitioner Otha James brought this petition for a writ of ha-
beas corpus under 28 U.S.C. § 2241(a) and (c)(1) challenging his
state-court conviction for attempted murder. Doc. 1. The case was
referred to a magistrate judge, who issued a report recommending
dismissal with prejudice as to refiling without permission from the
Fifth Circuit, but without prejudice as to refiling once such per-
mission is obtained. Doc. 4 at 5. The report also recommended
denying a certificate of appealability sua sponte. Id. No party filed
written objections.
Ordinarily, the court reviews the objected-to portions of a
magistrate judge’s report and recommendation de novo. 28
U.S.C. § 636(b)(1)(C); Fed. R. Civ. P. 72(b)(3). But 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 amend-
ment.
Having reviewed the record and being satisfied that there is no
clear error, the court accepts the report’s findings and recommen-
dations. The petition for a writ of habeas corpus is dismissed. The
dismissal is with prejudice as to refiling without permission from
the Fifth Circuit, but without prejudice as to petitioner’s right to
seek permission from the Fifth Circuit to file a second or succes-
sive habeas petition and to file such a petition if permission is
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granted. A certificate of appealability is denied sua sponte. Any
pending motions are denied as moot.
So ordered by the court on January 16, 2026.
J. CAM PB EL L BA RK ER
United States District Judge
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