Garza v. Davis-Director TDCJ-CID

Filing 35

ORDER ADOPTING REPORT AND RECOMMENDATION, GRANTING RESPONDENT'S MOTION TO DISMISS, and DISMISSING PETITION FOR A WRIT OF HABEAS CORPUS re: 12 MOTION to Dismiss, 34 Report and Recommendation. (Ordered by Senior Judge Mary Lou Robinson on 6/28/2017) (awc)

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TN THE LTNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS AMARILLO DIVISION CARLOS GARZA, JR., Petitioner, 2:16-CV-189 LORIE DAVIS, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent. ORDER ADOPTING REPORT AND RECOMMENDATION. GRANTING RESPONDENT'S MOTION TO DISMISS. and DISMISSING PETITION FOR A WRIT OF HABEAS CORPUS Petitioner has filed with this Court a petition for a federal writ of habeas corpus. On June 9, 2017, the United States Magistrate Judge issued a Report and Recommendation in this cause, recommending therein that respondent's Motion to Dismiss be granted, and that the instant habeas application be dismissed as time-barred. As of this date, no objections to the Magistrate Judge's Report and Recommendation have been filed. The undersigned United States District Judge has made an independent examination of the record in this case. The Magistrate Judge's Report and Recommendation is ADOPTED, and respondent's Motion to Dismiss is GRANTED. Accordingly, the petition for a writ of habeas corpus is DISMISSED. IT IS SO ORDERED. ENTERED this 28rh day of June sl 2017. Mary Lou Robiuson MARY LOU ROBINSON UNITED STATES DISTRICT JUDGE

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