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)

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,

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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.

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Andrew S. Hanen
United States District Judge