Chavez v. Davis

Filing 17

ORDER ADOPTING REPORT AND RECOMMENDATIONS re: 13 Report and Recommendations, granting 11 MOTION for Summary Judgment with Brief in Support. The issuance of a Certificate of Appealability is denied. (Signed by Judge Andrew S Hanen) Parties notified.(bcampos, 1)

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United States District Court Southern District of Texas ENTERED IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS BROWNSVILLE DIVISION JAVIER CHAVEZ, Petitioner, § § § § § § § VS. LORIE DAVIS, Respondent. January 09, 2018 David J. Bradley, Clerk CIVIL NO. B-16-283 ORDER On August 17, 2017, the United States Magistrate Judge filed a Report and Recommendation [Doc. No. 13]. Petitioner has objected [Doc. No. 16] to said Report and Recommendation. Having considered de novo the Magistrate Judge’s Report and Recommendation and the issues raised by Petitioner objections, the Court hereby adopts the Magistrate Judge’s Report and Recommendation. Therefore, Respondent Lorie Davis’ motion for summary judgment is granted [Doc. No. 11]. Javier Chavez’ 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, or alternatively, denied as meritless. The issuance of a Certificate of Appealability is denied. Signed this 9th day of January, 2018. ________________________________ Andrew S. Hanen United States District Judge

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