Rasmussen v. Joslin

Filing 21

ORDER ADOPTING MEMORANDUM AND RECOMMENDATIONS re: 20 Memorandum and Recommendations, granting 12 MOTION to Dismiss 1 Petition for Writ of Habeas Corpus,.(Signed by Judge Janis Graham Jack) Parties notified.(lcayce, )

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Rasmussen v. Joslin Doc. 21 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS CORPUS CHRISTI DIVISION DWAYNE E RASMUSSEN, Petitioner, VS. DAN JOSLIN, Respondent. CIVIL ACTION NO. C-07-355 ORDER ADOPTING MEMORANDUM AND RECOMMENDATION TO GRANT RESPONDENT'S MOTION FOR SUMMARY JUDGMENT On March 19, 2008, United States Magistrate Judge Brian L. Owsley signed a Memorandum and Recommendation recommending that respondent's motion for summary judgment (D.E. 12) be granted and that the petition be dismissed as an abuse of the writ. A copy of the Memorandum and Recommendation was mailed to petitioner with a card to be returned indicating his receipt of the mailing. The card has not been returned by petitioner nor has the mailing been returned by the U.S. Post Office as undeliverable. Therefore, seeing no objection to this recommendation by either party and having now reviewed the recommendation, this Court hereby adopts as its own the Memorandum and Recommendation as the decision of the Court. Accordingly, it is ORDERED that Respondent's motion for summary judgment is granted and petitioner's petition is dismissed as an abuse of the writ. The clerk shall enter this order and provide a copy to all parties. SIGNED and ORDERED this 4th day of June, 2008. ___________________________________ Janis Graham Jack United States District Judge 1/1 Dockets.Justia.com

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