Pellecier v. United States Attorney General
ORDER ADOPTING MEMORANDUM AND RECOMMENDATIONS re: granting 12 MOTION to Dismiss, 20 Memorandum and Recommendations (Signed by Judge Hilda G Tagle) Parties notified.(lcayce, 2)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
CORPUS CHRISTI DIVISION
THOMAS DUANE MERRERO
UNITED STATES ATTORNEY
United States District Court
Southern District of Texas
December 16, 2016
David J. Bradley, Clerk
CIVIL NO. 2:16-CV-22
Petitioner Thomas Duane Merrero Pellecier, Texas prisoner number
01940959, has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. §
2241, which argues that he is entitled to credit on his federal sentence for time he
has spent in state custody. Dkt. No. 1.
The Court has before it Respondent’s motion to dismiss, Dkt. No. 12,
Petitioner’s response to this motion, Dkt. No. 19, 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. 20 (“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 7 (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 to dismiss, Dkt. No. 12; and DISMISSES
WITHOUT PREJUDICE the petition for a writ of habeas corpus, Dkt. No. 1. The
Clerk shall close this case after entering the accompanying judgment.
It is so ORDERED.
SIGNED this 16th day of December, 2016.
Senior United States District Judge
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?