Vasquez v. Stephens

Filing 16

ORDER ADOPTING REPORT AND RECOMMENDATIONS re: 12 Report and Recommendations. Petitioner's writ of habeas corpus is dismissed for being untimely filed and lack of jurisdiction. Further, the issuance of a certificate of appealability is denied.(Signed by Judge Andrew S Hanen) Parties notified.(dnoriega, 1)

United States District Court
Southern District of Texas

ENTERED
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
BROWNSVILLE DIVISION
JOSE MIGUEL VASQUEZ, JR.,
Petitioner,
VS.
WILLIAM STEPHENS,
Respondent.

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July 12, 2016
David J. Bradley, Clerk

CIVIL NO. B-13-242

ORDER
On April 21, 2016, the United States Magistrate Judge filed a Report and Recommendation
[Doc. No. 12]. Petitioner has objected [Doc. No. 13 and 14] to said Report and Recommendation.
Having considered de novo the Magistrate Judge’s Report and Recommendation and the
issues raised by Petitioner’s objections, the Court hereby adopts the Report and Recommendation.
Therefore, Jose Miguel Vasquez’s petition for writ of habeas corpus by a person in state custody
pursuant to 28 U.S.C. § 2254 is dismissed for being untimely filed and lack of jurisdiction. Further,
the issuance of a Certificate of Appealability is denied.
Signed this 12th day of July, 2016.

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Andrew S. Hanen
United States District Judge