Bartolomei v. Stephens

Filing 10

ORDER ADOPTING MEMORANDUM AND RECOMMENDATIONS re: granting 8 MOTION for Summary Judgment with Brief in Support, 9 Memorandum and Recommendations. 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
JORGE B BARTOLOMEI,
Petitioner,
VS.
LORIE DAVIS1,
Respondent.

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December 16, 2016
David J. Bradley, Clerk

CIVIL NO. 2:16-CV-42

ORDER
Petitioner Jorge B Bartolomei is an inmate in the Texas Department of
Criminal Justice – Correctional Institutions Division (TDCJ-CID), Texas prisoner
number 01996597, and is currently incarcerated at the Garza East Unit in Beeville,
Texas. He filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254
on January 11, 2016, claiming that his right to due process was violated in a
disciplinary hearing held at the Garza East Unit. Dkt. Nos. 1 and 2. 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. 9 (“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 10 (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. 8; DISMISSES
the petition for a writ of habeas corpus, Dkt. No. 1; and DENIES Petitioner a
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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.

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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.
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Hilda Tagle
Senior United States District Judge

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