Gonzalez v. Thaler

Filing 39

ORDER ADOPTING MEMORANDUM AND RECOMMENDATION TO GRANT RESPONDENT'S MOTION FOR SUMMARY JUDGMENT re: 16 MOTION for Summary Judgment with Brief in Support, 28 Memorandum and Recommendation. Petitioner is denied a certificate of appealability. (Signed by Judge Janis Graham Jack) Parties notified.(bcortez, )

Gonzalez v. Thaler

Doc. 39

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS CORPUS CHRISTI DIVISION
DAVID GONZALEZ, JR., Petitioner, VS. RICK THALER, Respondent. § § § § § § § §

CIVIL ACTION NO. C-09-357

ORDER ADOPTING MEMORANDUM AND RECOMMENDATION TO GRANT RESPONDENT'S MOTION FOR SUMMARY JUDGMENT On May 11, 2009, United States Magistrate Judge Brian L. Owsley signed a Memorandum and Recommendation recommending that respondent's motion for summary judgment (D.E. 16) be granted, that petitioner's petition (D.E. 2) be dismissed, and that petitioner be denied a certificate of appealability. On May 18, 2010, respondent filed Objections to the

Magistrate's Recommendations, and on May 25 and June 3, 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 and respondent'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.

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The clerk shall enter this order and provide a copy to all parties. SIGNED and ORDERED this 6th day of July, 2010.

___________________________________ Janis Graham Jack United States District Judge

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