Reported / Citable
Background
Shawn Jones, a prisoner confined at the Texas Department of Criminal Justice’s Wynne Unit, filed a pro se petition for a writ of habeas corpus under 28 U.S.C. § 2254 against the Director of TDCJ-CID.
The district court referred the matter to U.S. Magistrate Judge Zack Hawthorn. On September 25, 2026, the magistrate judge recommended dismissing the petition without prejudice. Neither party filed objections to the report and recommendation.
The Court’s Holding
After reviewing the report and recommendation along with the record, pleadings, and available evidence, the district court found the magistrate judge’s factual findings and legal conclusions correct. The court adopted the report and recommendation and stated that a separate final judgment would be entered in accordance with it.
The court also denied Jones a certificate of appealability. It concluded that Jones had not shown that his claims were debatable among reasonable jurists or that the procedural ruling was debatable or incorrect.
Key Takeaways
- The court adopted the recommendation to dismiss Jones’s § 2254 petition without prejudice.
- No party filed objections to the magistrate judge’s report and recommendation.
- The court denied a certificate of appealability because Jones did not make the required showing under the applicable standard.
Why It Matters
The order accepts the magistrate judge’s recommended disposition of Jones’s federal habeas petition but expressly provides that a separate final judgment will be entered. It also declines to issue a certificate of appealability at the district-court level.