Benavides v. Stephens

Filing 33

ORDER ADOPTING REPORT AND RECOMMENDATIONS 27 Report and Recommendations,. Dismissing as untimely filed: 19 MOTION to Dismiss Pursuant to 28 U.S.C. § 2244. The issuance of a Certificate of Appealability is denied.(Signed by Judge Andrew S Hanen) Parties notified.(scastillo, 1)

United States District Court
Southern District of Texas

ENTERED
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
––BROWNSVILLE DIVISION––
ERNESTO BENAVIDES, JR.,
Petitioner,

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VS.
LORIE DAVIS,
Respondent.

September 14, 2016
David J. Bradley, Clerk

CIVIL NO. B-15-181

ORDER
On August 5, 2016, the United States Magistrate Judge filed a Report and Recommendation
(Doc. No. 27). Petitioner has objected to said Report and Recommendation (Doc. No. 31).
Having considered de novo the Magistrate Judge’s Report and Recommendation and the
issues raised by Petitioner’s objections, the Court orders that the Magistrate Judge's Report and
Recommendation is hereby adopted. Therefore, the motion to dismiss (Doc. No. 19) filed by
Respondent Lori Davis is granted and Ernesto Benavides’s petition for writ of habeas corpus by a
person in state custody pursuant to 28 U.S.C. § 2254 (Doc. No. 1) is dismissed as untimely filed.
Alternatively, this Court denies the Petitioner the relief he seeks on the merits of the § 2254 claims.
The issuance of a Certificate of Appealability is also denied.
Signed this 14th day of September, 2016.

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Andrew S. Hanen
United States District Judge