govinfo:USCOURTS-txed-5_26-cv-00024-0

IN THE UNITED STATES DISTRICT COURT 
FOR THE EASTERN DISTRICT OF TEXAS 
TEXARKANA DIVISION 
 
BENJAMIN MELTON 
 
 Petitioner, 
 
v. 
 
WARDEN, FCI TEXARKANA 
 
 Respondent. 
 
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CIVIL ACTION NO. 5:26-CV-24-RWS-JBB 
 
 
 
ORDER ADOPTING REPORT AND RECOMMENDATION 
OF THE UNITED STATES MAGISTRATE JUDGE 
 Before the Court is Petitioner Benjamin Melton’s petition for the writ of habeas corpus 
under 28 U.S.C. § 2241 with respect to the Bureau of Prisons (“BOP”)’s calculation of Petitioner’s 
sentence. Docket No. 1. The case was referred to United States Magistrate Judge J. Boone Baxter 
in accordance with 28 U.S.C. § 636. 
On April 14, 2026, the m agistrate judge issued a r eport and r ecommendation, 
recommending that the above petition be dismissed without prejudice pursuant to Federal Rule of 
Civil Procedure 41(b) for failure to prosecute or to obey an order of the Court. Docket No. 4. A 
copy of the r eport and recommendation was sent to Petitioner at his last known address, return 
receipt requested, but no acknowledgement has been received. The Fifth Circuit has explained that 
where a letter is properly placed in the United States mail, a presumption exists that the letter 
reached its destination in the usual time and was actually recei ved by the person to whom it was 
addressed. Faciane v. Sun Life Assurance Company of Canada, 931 F.3d 412, 420-21 and n.9 (5th 
Cir. 2019). 
As of this date of this Order, no objections have been filed with respect to the April 14, 
2026 report and recommendation. Because no objections have been filed, Petitioner is barred from PageID #: 
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de novo review by the District Court of the m agistrate judge’s findings, conclusions, and 
recommendations, and, except upon grounds of plain error, from appellate review of the 
unobjected-to factual findings and legal conclusions accepted and adopted by the District Court. 
See Duarte v. City of Lewisville, 858 F.3d 348, 352 (5th Cir. 2017); Arriaga v. Laxminarayan, 
Case No. 4:21-CV-00203-RAS, 2021 WL 3287683, at *1 (E.D. Tex. July 31, 2021). 
The Court reviewed the pleadings in this case and the r eport and recommendation of the 
magistrate judge and determines that the report and recommendation of the magistrate judge is 
correct. See United States v. Wilson, 864 F.2d 1219, 1221 (5th Cir. 1989) (where no objections to 
a magistrate judge’s report and recommendation are filed, the standard of review is “clearly 
erroneous, abuse of discretion and contrary to law.”). Accordingly, it is 
ORDERED that the report and recommendation of the magistrate judge (Docket No. 4) is 
ADOPTED as the opinion of the District Court. It is further 
ORDERED that the above-styled petition for the writ of habeas corpus is DISMISSED 
WITHOUT PREJUDICE for failure to prosecute or obey an order of the Court. It is further 
ORDERED that any and all motions which may be pending in this civil action are hereby 
DENIED-AS-MOOT. 
 
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ROBERT W. SCHROEDER III
UNITED STATES DISTRICT JUDGE
So ORDERED and SIGNED this 17th day of June, 2026. PageID #: 
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