Reported / Citable
Background
Jhamerrick R. Milton filed a petition for a writ of habeas corpus under 28 U.S.C. § 2254 against the Director of TDCJ-CID. The district court referred the action to U.S. Magistrate Judge John D. Love for findings of fact, conclusions of law, and a recommended disposition.
On July 13, 2026, the magistrate judge recommended dismissing the petition with prejudice. Milton filed objections, requiring the district court to review the challenged findings and conclusions de novo.
The Court’s Holding
After independently reviewing the record and the magistrate judge’s report, the district court concluded that the report was correct and that Milton’s objections lacked merit. The court therefore overruled the objections and adopted the report as the opinion of the district court.
The court dismissed Milton’s habeas petition with prejudice, denied a certificate of appealability, and denied all pending motions as moot.
Key Takeaways
- The district court reviewed the objected-to portions of the magistrate judge’s report de novo.
- The court overruled Milton’s objections and adopted the magistrate judge’s report.
- The court dismissed the Section 2254 petition with prejudice and denied a certificate of appealability.
Why It Matters
The order concludes Milton’s Section 2254 proceeding in the district court by adopting the magistrate judge’s recommendation and dismissing the petition with prejudice. It also records the court’s refusal to issue a certificate of appealability and disposes of any remaining motions as moot.