Duran v. Davis
Filing
48
OPINION AND ORDER ADOPTING REPORT AND RECOMMENDATIONS re: 44 Report and Recommendations. Accordingly, it is: ORDERED that Respondent Lorie Davis's Motion for Summary Judgment with Brief in Support is GRANTED; ORDERED that Petitioner Francisco Duran, Jr.'s Petition for Writ of Habeas Corpus is DISMISSED; and ORDERED that a Certificate of Appealability is DENIED. The Clerk is directed to close this case.(Signed by Judge Fernando Rodriguez, Jr) Parties notified.(EdnitaPonce, 1) Modified on 6/18/2019 (EdnitaPonce, 1).
United States District Court
Southern District of Texas
ENTERED
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
BROWNSVILLE DIVISION
FRANCISCO DURAN JR.,
VS.
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Petitioner,
LORIE DAVIS,
Respondent.
June 18, 2019
David J. Bradley, Clerk
CIVIL ACTION NO. 1:18-CV-99
OPINION AND ORDER
On May 2, 2019, Petitioner Francisco Duran, Jr. signed a Petition for Writ of Habeas
Corpus based no 28 U.S.C. §§ 2254 and 2254. He placed the Petition in the prison mail system
the following day. Respondent filed for summary judgment (Doc. 29), and the Magistrate Judge
has issued a Report and Recommendation (Doc. 44) recommending dismissal of Duran’s action
as time barred. Duran filed timely objections. (Doc. 47) Having considered the Motion for
Summary Judgment, the record in this matter, and the applicable law, the Court finds the
Motion well taken.
In his objections, Duran does not raise arguments that he did not make in his response
to the Motion for Summary Judgment. The Magistrate Judge considered those arguments and
correctly rejected them as untenable.
In addition, the Court agrees with the Report and
Recommendation that a certificate of appealability should not issue because Duran has not
made a substantial showing of the denial of a constitutional right.
Accordingly, it is:
ORDERED that that Report and Recommendation is ADOPTED;
ORDERED that Respondent Lorie Davis’s Motion for Summary Judgment with Brief in
Support is GRANTED;
ORDERED that Petitioner Francisco Duran, Jr.’s Petition for Writ of Habeas Corpus is
DISMISSED; and
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ORDERED that a Certificate of Appealability is DENIED.
The Clerk is directed to close this case.
SIGNED this 18th day of June, 2019.
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Fernando Rodriguez, Jr.
United States District Judge
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