Henderson v. Quarterman

Filing 28

ORDER ADOPTING MEMORANDUM AND RECOMMENDATIONTO GRANT RESPONDENT'S MOTION FOR SUMMARY JUDGMENT AND DENYING PETITIONER'S MOTION FOR HEARING/RECONSIDERATION re: 25 Memorandum and Recommendations. Petitioner is denied a certificate of appealability.(Signed by Judge Janis Graham Jack) Parties notified.(mserpa, )

Henderson v. Quarterman

Doc. 28

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS CORPUS CHRISTI DIVISION ROGER WALLACE HENDERSON, Petitioner, VS. NATHANIEL QUARTERMAN, Respondent. § § § § § § § §

CIVIL ACTION NO. C-08-42

ORDER ADOPTING MEMORANDUM AND RECOMMENDATION TO GRANT RESPONDENT'S MOTION FOR SUMMARY JUDGMENT AND DENYING PETITIONER'S MOTION FOR HEARING/RECONSIDERATION On June 30, 2008, United States Magistrate Judge Brian L. Owsley signed a Memorandum and Recommendation recommending that: 1) respondent's motion for summary judgment (D.E. 19) be granted; 2) petitioner's request for an injunction be denied; 3) the Court not consider petitioner's attack on his underlying conviction; and 4) petitioner be denied a certificate of appealability. On July 17, 2008, petitioner filed Objections (D.E. 27) to the Magistrate's Recommendations including a motion for rehearing/reconsideration.. Having reviewed the findings of fact and conclusions of law therein, as well as the pleadings on file and petitioner's objections, and having made a de novo disposition of those portions of the Magistrate Judge's recommended disposition to which objections were raised, see Koetting v. Thompson, 995 F.2d 37 (5th Cir. 1993), 28 U.S.C. § 636(b)(1)(C); Fed.R.Civ.P.72(b), the Court hereby adopts as its own the findings and conclusions of the Magistrate Judge.

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Accordingly, it is ORDERED as follows: 1) respondent's motion for summary judgment is granted; 2) petitioner's request for an injunction is denied; 3) the Court does not consider petitioner's attack on his underlying conviction; and 4) petitioner is denied a certificate of appealability. Petitioner's motion for rehearing/reconsideration included in D.E. 27 is DENIED. The clerk shall enter this order and provide a copy to all parties.

SIGNED and ORDERED this 1st day of August, 2008.

___________________________________ Janis Graham Jack United States District Judge

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