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IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
EDDIE LEE BRYANT
§ CIVIL ACTION NO. 6:12cv692
MEMORANDUM ADOPTING REPORT AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
AND ENTERING FINAL JUDGMENT
The Petitioner Eddie Bryant, proceeding pro se, filed this application for the writ of habeas
corpus challenging the legality of his conviction. This Court ordered that the matter be referred to
the United States Magistrate Judge pursuant to 28 U.S.C. §636(b)(1) and (3) and the Amended Order
for the Adoption of Local Rules for the Assignment of Duties to United States Magistrate Judges.
Bryant complains of convictions for aggravated sexual assault of a child and indecency with
a child, for which he received 20 years in prison. He did not take a direct appeal but sought state
habeas corpus relief, which was denied by the Texas Court of Criminal Appeals on March 12, 2012.
Bryant complained that he received ineffective assistance of counsel. The Magistrate Judge
ordered an answer from the Respondent, to which Bryant did not file a response. After review of
the pleadings and the state court records, the Magistrate Judge issued a Report on April 10, 2013,
recommending that Bryant’s petition be dismissed and that Bryant be denied a certificate of
appealability sua sponte. Bryant received a copy of the Report on April 16, 2013, but filed no
objections thereto; accordingly, he is barred from de novo review by the district judge of those
findings, conclusions, and recommendations and, except upon grounds of plain error, from appellate
review of the unobjected-to proposed factual findings and legal conclusions accepted and adopted
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by the district court. Douglass v. United Services Automobile Association, 79 F.3d 1415, 1430 (5th
Cir. 1996) (en banc).
The Court has reviewed the pleadings and records in this cause as well as the Report of the
Magistrate Judge. Upon such review, the Court has determined that the Report of the Magistrate
Judge is correct. See United States v. Wilson, 864 F.2d 1219, 1221 (5th Cir.), cert. denied, 492 U.S.
918, 109 S.Ct. 3243 (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.”). It is accordingly
ORDERED that the Report of the Magistrate Judge (docket no. 12) is ADOPTED as the
opinion of the District Court. It is further
ORDERED that the above-styled application for the writ of habeas corpus is hereby
DISMISSED with prejudice. It is further
ORDERED that the Petitioner Eddie Bryant is hereby DENIED a certificate of appealability
sua sponte. Finally, it is
ORDERED that any and all other motions which may be pending in this civil action are
__________________________________LEONARD DAVISUNITED STATES DISTRICT JUDGESo ORDERED and SIGNED this 4th day of June, 2013.