Hargrave v. Guerrero, Director, TDCJ-CID

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Case 2:26-cv-00045 Documenti1_ Filed 04/22/26 in TXSD Page1of2
United States District Court
Southem District of Texas

ENTERED
Apnil 22, 2026
UNITED STATES DISTRICT COURT Nathan Ochsner, Clerk
SOUTHERN DISTRICT OF TEXAS
CORPUS CHRISTI DIVISION

JIM HARGRAVE,
Petitioner,
CIVIL ACTION NO. 2:26-CV-00045

V.

ERIC GUERRERO, DIRECTOR, TDCJ-CID,

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Respondent.

ORDER ADOPTING MEMORANDUM & RECOMMENDATION

Before the Court is Magistrate Judge Jason B. Libby’s Memorandum and Recommendation
(M&R”). (D.E. 8). The M&R recommends that the Court dismiss Petitioner’s § 2254 petition and
deny a certificate of appealability. Jd. at 1.

The parties were provided proper notice of, and the opportunity to object to, the Magistrate
Judge’s M&R. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. 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 y. Litton Loan
Servicing, L.P., No. 4:14-CV-02700, 2015 WL 3823 141, at *1 (S.D. Tex. June 18, 2015) (Harmon,
J.) (citation omitted).

Having reviewed the proposed findings and conclusions of the Magistrate 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. 8). Accordingly, the Court
DISMISSES Petitioner’s § 2254 petition. (D.E. 1), and DENIES Petitioner a certificate of

appealability.

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U.S. GOVERNMENT
INFORMATION
GPO

Case 2:26-cv-00045 Documenti1_ Filed 04/22/26 in TXSD Page 2 of 2

The Court will enter final judgment separately.

SO ORDERED.

DAVID‘S MORALES
UNITED STATES DISTRICT JUDGE

Signed: Corpus Christi, Texas
April 22" 2026

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