Huff v. Stephens
ORDER ADOPTING MEMORANDUM AND RECOMMENDATION granting 8 MOTION for Summary Judgment with Brief in Support, 12 MEMORANDUM AND RECOMMENDATION. 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.(mserpa, 2)
United States District Court
Southern District of Texas
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
CORPUS CHRISTI DIVISION
December 03, 2015
David J. Bradley, Clerk
§ CIVIL ACTION NO. 2:15-CV-00220
ORDER ADOPTING MEMORANDUM AND RECOMMENDATION
On October 29, 2015, United States Magistrate Judge B. Janice Ellington issued
her “Memorandum and Recommendation” (D.E. 12), recommending that this action be
dismissed as time-barred. 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. 12), 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
for Summary Judgment (D.E. 8) 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 3rd day of December, 2015.
NELVA GONZALES RAMOS
UNITED STATES DISTRICT JUDGE
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