Laidler v. Stephens

Filing 11

ORDER ADOPTING MEMORANDUM AND RECOMMENDATIONS re: 10 Memorandum and Recommendations, granting 8 MOTION for Summary Judgment with Brief in Support. Petitioner is denied a certificate of appealability. (Signed by Judge Hilda G Tagle) Parties notified.(lcayce, 2)

Download PDF
United States District Court Southern District of Texas ENTERED IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS CORPUS CHRISTI DIVISION BRIAN LAMONT LAIDLER, Petitioner, VS. LORIE DAVIS1, Respondent. § § § § § § § § December 16, 2016 David J. Bradley, Clerk CIVIL NO. 2:16-CV-38 ORDER Petitioner Brian Lamont Laidler is an inmate in the Texas Department of Criminal Justice – Correctional Institutions Division (TDCJ-CID), and is currently incarcerated at the Lynaugh Unit in Fort Stockton, Texas. He filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 on January 30, 2016, claiming that his right to due process was violated in a disciplinary hearing held at the Lynaugh Unit. Dkt. No. 1. The Court has before it Respondent’s motion for summary judgment, Dkt. No. 8, to which Petitioner did not respond, 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. 10 (“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 11 (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. 8; DISMISSES the petition for a writ of habeas corpus, Dkt. No. 1; and DENIES Petitioner a certificate of 1 Lorie Davis is the newly appointed Director of the Texas Department of Criminal Justice – Correctional Institutions Division (TDCJ-CID), and is the proper Respondent. The Clerk shall substitute Lorie Davis for William Stephens. Fed. R. Civ. P. 25(d); Rule 2(a); Rules Governing Section 2254 Cases. 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

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?