Kaizer v. Stephens

Filing 39

ORDER ADOPTING MEMORANDUM AND RECOMMENDATIONS re: 22 Memorandum and Recommendations, granting 26 MOTION for Summary Judgment with Brief in Support (Signed by Judge Hilda G Tagle) Parties notified.(bcampos, 1)

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United States District Court Southern District of Texas ENTERED IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS CORPUS CHRISTI DIVISION RANDY J. KAIZER, Petitioner, VS. WILLIAM STEPHENS, et al, Respondents. § § § § § § § § February 15, 2018 David J. Bradley, Clerk CIVIL NO. 2:15-CV-00396 ORDER The Court is in receipt of Respondent’s November 30, 2016, motion for summary judgment, Dkt. No. 26, and the Memorandum and Recommendation (“M&R”) of the Magistrate Judge to whom this case was referred, Dkt. No. 33. On June 8, 2017, the Magistrate Judge granted pro se Petitioner until September 6, 2017, to file objections to the M&R. Dkt. No. 36. Petitioner did not file objections before, on, or after September 6, 2017. After independently reviewing the record and considering the applicable law, the Court adopts the M&R in its entirety. The Court hereby:  GRANTS Respondent’s motion for summary judgment, Dkt. No. 26;  DISMISSES WITH PREJUDICE this action; and  DENIES Petitioner a Certificate of Appealability. The Court will order entry of final judgment separately. SIGNED this 15th day of February, 2018. ___________________________________ Hilda Tagle Senior United States District Judge 1/1

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