Jimenez v. Leblanc et al

Filing 38

PLEASE IGNORE, FILED IN WRONG CASE MEMORANDUM ORDER OVERRULING OBJECTIONS AND ADOPTING 34 REPORT AND RECOMMENDATIONS. Signed by District Judge Ron Clark on 2/10/18. (ljw, ) Modified on 2/12/2018 (ljw, ).

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
LUFKIN DIVISION
QUINCY DESHAN BUTLER

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VS.

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DIRECTOR, TDCJ-CID

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CIVIL ACTION NO. 9:16-CV-210

MEMORANDUM ORDER OVERRULING OBJECTIONS AND
ADOPTING THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Petitioner, Quincy Deshan Butler, an inmate confined at the Eastham Unit with the Texas
Department of Criminal Justice, Correctional Institutions Division, proceeding pro se, filed this
petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254.
The Court referred this matter to the Honorable Keith Giblin, United States Magistrate Judge,
at Beaumont, Texas, for consideration pursuant to applicable laws and orders of this Court. The
Magistrate Judge recommends petitioner’s motions for default judgment (docket entry nos. 34 & 35)
be denied.
The Court has received and considered the Report and Recommendation of United States
Magistrate Judge filed pursuant to such order, along with the record, and pleadings. Defendants filed
objections to the Report and Recommendation of United States Magistrate Judge. This requires a
de novo review of the objections in relation to the pleadings and applicable law. See FED. R. CIV.
P. 72(b).
After careful consideration, the court finds the objections lacking in merit. As outlined in
the Report and Recommendation, respondent filed two motions for extension of time which were
granted by the Magistrate Judge. The response was filed within the allotted deadline.

ORDER
Accordingly, petitioner’s objections are OVERRULED.

The findings of fact and

conclusions of law of the Magistrate Judge are correct, and the report of the Magistrate Judge is
ADOPTED.

So ORDERED and SIGNED this 10 day of February, 2018.

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Ron Clark, United States District Judge

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