Johnson v. Martinez

Filing 11

ORDER ADOPTING MEMORANDUM AND RECOMMENDATION granting 7 MOTION for Summary Judgment with Brief in Support, 9 Memorandum and Recommendations. Petitioner's application for habeas corpus relief is DENIED. In the event Petitioner requests a Certificate of Appealability, that request is DENIED.(Signed by Judge Nelva Gonzales Ramos) Parties notified.(mserpa, 2)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS CORPUS CHRISTI DIVISION DALE W JOHNSON, Petitioner, VS. MIGUEL MARTINEZ, et al, Respondents. § § § § CIVIL ACTION NO. 2:14-CV-00260 § § § § ORDER ADOPTING MEMORANDUM AND RECOMMENDATION On October 31, 2014, United States Magistrate Judge B. Janice Ellington issued her “Memorandum and Recommendation” (D.E. 9). The parties were provided proper notice of, and opportunity to object to, the Magistrate Judge’s Memorandum and Recommendation. FED. R. CIV. P. 72(b); 28 U.S.C. § 636(b)(1); General Order No. 2002-13. No objections have been filed. When no timely objection to a magistrate judge’s memorandum and recommendation is filed, the district court need only satisfy itself that there is no clear error on the face of the record and accept the magistrate judge’s memorandum and recommendation. Guillory v. PPG Industries, Inc., 434 F.3d 303, 308 (5th Cir. 2005) (citing Douglass v. United Services Auto Ass’n, 79 F.3d 1415, 1420 (5th Cir. 1996)). Having reviewed the findings of fact and conclusions of law set forth in the Magistrate Judge’s Memorandum and Recommendation (D.E. 9), and all other relevant documents in the record, and finding no clear error, the Court ADOPTS as its own the findings and conclusions of the Magistrate Judge. Accordingly, the Respondent’s motion 1/2 for summary judgment (D.E. 7) is GRANTED and Petitioner’s application for habeas corpus relief is DENIED. In the event that Petitioner requests a Certificate of Appealability, that request is DENIED. ORDERED this 16th day of December, 2014. ___________________________________ NELVA GONZALES RAMOS UNITED STATES DISTRICT JUDGE 2/2

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