Mitchell v. Puente

Filing 22

ORDER ADOPTING MEMORANDUM AND RECOMMENDATION TO DISMISS HABEAS PETITION re: 17 Memorandum and Recommendations, 10 MOTION to Dismiss with Brief in Support. Petitioner is denied a certificate of appealability. (Signed by Judge Janis Graham Jack) Parties notified.(amireles, )

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS CORPUS CHRISTI DIVISION MAURICE MITCHELL, Petitioner, VS. RICK THALER, Respondent. § § § § § § § §

CIVIL ACTION NO. C-09-213

ORDER ADOPTING MEMORANDUM AND RECOMMENDATION TO DISMISS HABEAS PETITION On February 11, 2010, United States Magistrate Judge Brian L. Owsley signed a Memorandum and Recommendation recommending that respondent's motion for summary judgment (D.E. 10) be granted, that petitioner's petition (D.E. 1) be dismissed, and that petitioner be denied a certificate of appealability. On February 25, 2010, petitioner filed Objections to the Magistrate's Recommendations. 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. Accordingly, it is ORDERED that respondent's motion for summary judgment is granted and petitioner's habeas petition is dismissed. Petitioner is denied a certificate of appealability.

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The clerk shall enter this order and provide a copy to all parties. SIGNED and ORDERED this 1st day of April, 2010.

___________________________________ Janis Graham Jack United States District Judge

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