Garza v. Thaler

Filing 15

ORDER ADOPTING MEMORANDUM AND RECOMMENDATION to Grant Respondent's Motion for Summary Judgment; Granting 12 MOTION for Summary Judgment with Brief in Support. Petitioner is denied a certificate of appealability.(Signed by Judge Janis Graham Jack) Parties notified.(srussell, )

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS CORPUS CHRISTI DIVISION ERASMO GARZA, Petitioner, VS. RICK THALER, Respondent. CIVIL ACTION NO. C-09-303 ORDER ADOPTING MEMORANDUM AND RECOMMENDATION TO GRANT RESPONDENT'S MOTION FOR SUMMARY JUDGMENT On March 2, 2010, 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, that petitioner's petition (D.E. 1) be dismissed, and that petitioner be denied a certificate of appealability. On March 19, 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 petition is dismissed. Petitioner is denied a certificate of appealability. 1/2 The clerk shall enter this order and provide a copy to all parties. SIGNED and ORDERED this 23rd day of April, 2010. ___________________________________ Janis Graham Jack United States District Judge 2/2

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