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)

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.

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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.
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Hilda Tagle
Senior United States District Judge