Rentz v. Thaler

Filing 25

ORDER ADOPTING MEMORANDUM AND RECOMMENDATION TO GRANT RESPONDENTS MOTION FOR SUMMARY JUDGMENT re: 9 MOTION for Summary Judgment With Brief in Support, 22 Memorandum and Recommendations.(Signed by Judge Janis Graham Jack) Parties notified.(bcortez, )

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Rentz v. Thaler Doc. 25 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS CORPUS CHRISTI DIVISION DAVID E. RENTZ, Petitioner, VS. RICK THALER, Respondent. CIVIL ACTION NO. C-10-131 ORDER ADOPTING MEMORANDUM AND RECOMMENDATION TO GRANT RESPONDENT'S MOTION FOR SUMMARY JUDGMENT On August 10, 2010, United States Magistrate Judge Brian L. Owsley signed a Memorandum and Recommendation recommending that respondent's motion for summary judgment, (D.E. 9), be granted, that the habeas petition, (D.E. 1), be dismissed, and that petitioner be denied a certificate of appealability. 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. On August 30, 2010, petitioner filed 1/2 The clerk shall enter this order and provide a copy to all parties. SIGNED and ORDERED this 21st day of September, 2010. ___________________________________ Janis Graham Jack United States District Judge 2/2

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