Jones v. Stephens

Filing 18

ORDER ADOPTING MEMORANDUM AND RECOMMENDATIONS re: granting 11 MOTION for Summary Judgment with Brief in Support, adopting 15 Memorandum and Recommendations. This action is DISMISSED WITH PREJUDICE. In the event that Petitioner requests a Certificate of Appealability, that request is DENIED. (Signed by Judge Nelva Gonzales Ramos) Parties notified.(lcayce, 2)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
CORPUS CHRISTI DIVISION
BRIAN K JONES,
Petitioner,
VS.
WILLIAM STEPHENS,
Respondent.

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CIVIL ACTION NO. 2:15-CV-00077

ORDER ADOPTING MEMORANDUM AND RECOMMENDATION
On June 9, 2015, United States Magistrate Judge Jason B. Libby issued his
“Memorandum and Recommendation” (D.E. 15), recommending that this action be
dismissed. The Petitioner was 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. 15), 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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for Summary Judgment (D.E. 11) is GRANTED and this action is DISMISSED WITH
PREJUDICE. In the event that Petitioner requests a Certificate of Appealability, that
request is DENIED.
ORDERED this 6th day of July, 2015.

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NELVA GONZALES RAMOS
UNITED STATES DISTRICT JUDGE

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