Moreno v. Stephens

Filing 17

ORDER ADOPTING MEMORANDUM AND RECOMMENDATION adopting 16 Memorandum and Recommendation, granting 7 Motion to Dismiss. In the event that 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
JUAN A. MORENO,
Petitioner,
VS.
WILLIAM STEPHENS,
Respondent.

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CIVIL ACTION NO. 2:15-CV-00070

ORDER ADOPTING MEMORANDUM AND RECOMMENDATION
On April 22, 2015, United States Magistrate Judge B. Janice Ellington issued her
“Memorandum and Recommendation” (D.E. 16). 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. 16), 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
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to Dismiss (D.E. 7) is GRANTED and this action for habeas corpus relief is DENIED.
In the event that Petitioner requests a Certificate of Appealability, that request is
DENIED.
ORDERED this 20th day of May, 2015.

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NELVA GONZALES RAMOS
UNITED STATES DISTRICT JUDGE

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