Medina v. Thaler

Filing 28

ORDER ADOPTING MEMORANDUM AND RECOMMENDATION TO GRANT RESPONDENT'S MOTION TO DISMISS re: 26 Memorandum and Recommendations, 23 MOTION to Dismiss With Brief In Support. In the event that the Petitioner seeks a Certificate of Appealability, such request is denied. (Signed by Judge Nelva Gonzales Ramos) Parties notified.(amireles, )

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
CORPUS CHRISTI DIVISION
PEPORRO PAPITO MEDINA,
Petitioner,
VS.
RICK THALER,
Respondent.

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§ CIVIL ACTION NO. 2:12-CV-00251
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ORDER ADOPTING
MEMORANDUM AND RECOMMENDATION TO
GRANT RESPONDENT’S MOTION TO DISMISS
Pending before the Court is Respondent’s Motion to Dismiss (D.E. 23).
On January 16, 2013, United States Magistrate Judge Brian L. Owsley issued a
Memorandum and Recommendation (D.E. 26), recommending that Respondent’s Motion
to Dismiss be granted. Petitioner timely filed his Objections (D.E. 27) on January 29,
2013. Petitioner’s objections are arguments regarding the merits and do not address the
facts, law, or reasoning that serves as the basis for the Memorandum and
Recommendation. Petitioner’s objections are OVERRULED.
Having reviewed the findings of fact, conclusions of law, and recommendations
set forth in the Magistrate Judge’s Memorandum and Recommendation, as well as all
other relevant documents in the record, the Court ADOPTS as its own the findings and
conclusions of the Magistrate Judge. Accordingly, Respondent’s Motion to Dismiss is

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(D.E. 23) is GRANTED and this action is DISMISSED. In the event that the Petitioner
seeks a Certificate of Appealability, such request is DENIED.
ORDERED this 7th day of May, 2013.

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NELVA GONZALES RAMOS
UNITED STATES DISTRICT JUDGE

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