Mendiola v. Stephens
Filing
45
ORDER ADOPTING REPORT AND RECOMMENDATIONS re: 40 Report and Recommendations. Petitioner's writ of habeas corpus is dismissed for being untimely filed and lack of jurisdiction. The court denies the issuance of a certificate of appealability. (Signed by Judge Andrew S. Hanen) Parties notified.(dnoriega, 1)
United States District Court
Southern District of Texas
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
BROWNSVILLE DIVISION
MELQUIADES MENDIOLA, JR.,
Petitioner,
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VS.
WILLIAM STEPHENS,
Respondent.
ENTERED
March 21, 2016
David J. Bradley, Clerk
CIVIL NO. B-14-261
ORDER
On February 23, 2016, the United States Magistrate Judge filed a Report and
Recommendation [Doc. No. 40]. Petitioner has objected [Doc. No. 43] 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, Melquiades Mendiola, Jr.’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 Court denies the issuance of a Certificate of Appealability.
Signed this 21st day of March, 2016.
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Andrew S. Hanen
United States District Judge
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