Duran v. Berger

ORDER

David Duran petitions for a writ of habeas corpus regarding his state-court conviction for aggravated sexual assault. Doc. 1. The case was referred to a magistrate judge (Doc. 4), who issued a report recommending that the court dismiss Duran's petition without prejudice to his right to seek permission from the U.S. Court of Appeals for the Fifth Circuit to file a successive petition and deny Duran a certificate of appealability sua sponte. Doc. 13 at 11. No party filed written objections, and the report mailed to petitioner was returned twice as "undeliverable." Docs. 14, 15; see also Davis v. King, 270 F. App'x 355, 356 (5th Cir. 2008) (per cu- riam) (unpublished) (holding that it is a petitioner's responsibility to update his address). Considering that the court has twice mailed a copy of the report to Duran's last-known address, Duran has received sufficient notice of the report. Watkins v. Numerous Bureau of Prison Officials, 846 F. App'x 310, 311 (5th Cir. 2021) (per curiam) (unpublished) ("Notice mailed to his last known ad- dress was sufficient." (citing N.Y. Life Ins. Co. v. Brown, 84 F.3d 137, 142 (5th Cir. 1996))).

When there have been no timely objections to a report, "the court need only satisfy itself that there is no clear error on the face of the record." Fed. R. Civ. P. 72(b), advisory committee's notes to 1983 amendment. Having reviewed the record and being satis- fied that there is no clear error, the court accepts the report's find- ings and recommendations. The petition for a writ of habeas