Perez v. Thaler

Filing 84

ORDER ADOPTING IN PART REPORT AND RECOMMENDATIONS re: 80 Report and Recommendations and DISMISSES Petitioner's amended habeas petition 53 as time-barred. (Signed by Judge Hilda G Tagle) Parties notified.(scavazos, 1)

United States District Court
Southern District of Texas

ENTERED
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
BROWNSVILLE DIVISION
JERRY PEREZ JR,
Petitioner,
VS.
LORIE DAVIS,
Respondent.

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March 05, 2018
David J. Bradley, Clerk

CIVIL NO. 1:13-CV-67

ORDER
The Court has before it Petitioner’s amended habeas petition (Dkt. No. 53),
the Magistrate Judge’s January 16, 2018, Report and Recommendation (“R&R”)
(Dkt. No. 80), and Petitioner’s objections to the R&R (Dkt. No. 83). After an
independent review of the record and applicable law, the Court ADOPTS IN PART
the January 16, 2018, R&R, as to all issues except a Certificate of Appealability,
and DISMISSES Petitioner’s amended habeas petition (Dkt. No. 53) as timebarred. Final Judgment will be entered separately.
The Court DECLINES TO ADOPT IN PART the R&R insofar as it
recommends that the Court order more briefing on whether a Certificate of
Appealability should issue. The Court does not order further briefing at this time.
Although Petitioner makes passing references in his brief to a Certificate of
Appealability, he does not make a formal request and the Court will not rule on the
issue sua sponte. See Dkt. No. 79 at 3. The Court will consider any proper request
for a Certificate of Appealability and may order additional briefing at that time.
SIGNED this 5th day of March, 2018.
___________________________________
Hilda Tagle
Senior United States District Judge

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