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)

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