Tate v. Stephens

Filing 21

ORDER ADOPTING MEMORANDUM AND RECOMMENDATIONS re: granting 16 MOTION for Summary Judgment with Brief in Support, 19 Memorandum and Recommendations. Petitioner is denied a certificate of appealability. (Signed by Judge Hilda G Tagle) Parties notified.(lcayce, 2)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS CORPUS CHRISTI DIVISION J.W. TATE, Petitioner, VS. LORIE DAVIS, Respondent. § § § § § § § § United States District Court Southern District of Texas ENTERED December 16, 2016 David J. Bradley, Clerk CIVIL NO. 2:15-CV-490 ORDER Petitioner J.W. Tate, Texas prisoner number 01310936, has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 and § 2254 challenging his 2005 conviction in Nueces County for aggravated sexual assault of a child enhanced by a prior conviction. Dkt. No. 1. The Court has before it Respondent’s motion for summary judgment, Dkt. No. 16, and the Memorandum and Recommendations of the magistrate judge to whom this case was referred pursuant to 28 U.S.C. § 636(b), Dkt. No. 19 (“M&R”). The deadline to file objections to the magistrate judge’s proposed findings and recommendations has passed, and the docket sheet shows that no objections have been filed. See 28 U.S.C. § 636(b)(1) (setting 14-day deadline to file objections); Fed. R. Civ. P. 72(b)(2) (same); see also M&R at 15 (advising parties of 14-day deadline). After independently reviewing the record and considering the applicable law, the Court adopts the magistrate judge’s proposed findings and recommendations; GRANTS Respondent’s motion for summary judgment, Dkt. No. 16; DISMISSES the petition for a writ of habeas corpus, Dkt. No. 1; and DENIES Petitioner a certificate of appealability. The Clerk shall close this case after entering the accompanying judgment. It is so ORDERED. SIGNED this 16th day of December, 2016. ___________________________________ Hilda Tagle Senior United States District Judge

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