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)

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