Opinion
Civil Action 6:21-CV-00046
08-02-2022
CHAD WAYNE CARRIKER, Petitioner, v. BOBBY LUMPKIN, Respondent.
ORDER ACCEPTING MEMORANDUM AND RECOMMENDATION
DREW B. TIPTON, UNITED STATES DISTRICT JUDGE
Pending before the Court is the May 2, 2022 Memorandum and Recommendation (“M&R”) signed by Magistrate Judge Julie K. Hampton. (Dkt. No. 10). Magistrate Judge Hampton recommends that the Court (1) grant Respondent Bobby Lumpkin's Motion for Summary Judgment; (2) dismiss as untimely pro se Petitioner Chad Wayne Carriker's habeas petition under 28 U.S.C. § 2254; and (3) deny a certificate of appealability.
Carriker was provided notice and the opportunity to object. See 28 U.S.C. § 636(b)(1). He did not. As a result, review is for plain error. Hawes v. Stephens, 964 F.3d 412, 415 (5th Cir. 2020). No plain error appears. Accordingly, the Court ACCEPTS the M&R as the Court's opinion. The Court GRANTS the Motion for Summary Judgment. (Dkt. No. 8). The Court further DISMISSES WITH PREJUDICE as untimely Petitioner Chad Wayne Carriker's habeas petition under 28 U.S.C. § 2254. (Dkt. No. 1). Finally, the Court DENIES a certificate of appealability.
It is SO ORDERED.