Lopez v. Davis

Filing 45

ORDER ADOPTING Amended MEMORANDUM AND RECOMMENDATION re: 33 , and DENIES Lopez's pending motions, Dkt. Nos. 27 , 31 , and 32 .(Signed by Judge Hilda G Tagle) Parties notified.(sylopez, 2)

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United States District Court Southern District of Texas ENTERED IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS CORPUS CHRISTI DIVISION PEDRO LOPEZ, Petitioner, VS. LORIE DAVIS, Respondent. § § § § § § § § August 11, 2017 David J. Bradley, Clerk CIVIL NO. 2:16-CV-202 ORDER Petitioner Pedro Lopez (“Lopez”) is in the custody of the federal Bureau of Prisons and currently is incarcerated at the Stevenson Unit in Cuero, Texas. Dkt. No. 1. On June 3, 2016 Lopez filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. §§ 2241 and 2254, which sought to vacate his sentence on the basis that his constitutional rights were violated during his 2010 jury trial on one count of aggravated sexual assault of a child and two counts of indecency with a child. Id. On March 28, 2017, the Court dismissed Lopez’s petition as time-barred under the Anti-Terrorism and Effective Death Penalty Act (AEDPA), denied Lopez a certificate of appealability, and entered final judgment in this action. See Dkt. No. 23. Subsequently, Lopez filed pleadings construed as a Motion for Reconsideration, Dkt. No. 27; a Motion to Alter or Amend the Judgment, Dkt. No. 31; and a Motion for a New Trial, Dkt. No. 32. These three motions, now pending before the Court, were addressed by the Amended Memorandum & Recommendation (“M&R”) of the Magistrate Judge to whom this case was referred pursuant to 28 U.S.C. § 636(b), Dkt. No. 33. On consideration of Lopez’s pending motions, the Magistrate Judge’s M&R addressing these motions, Lopez’s objections to the M&R, Dkt. Nos. 34 and 35, the remainder of the record, and the applicable law, the Court hereby ADOPTS the entirety of the Magistrate Judge’s proposed findings and recommendations in the 1/2 Amended M&R, Dkt. No. 33, and DENIES Lopez’s pending motions, Dkt. Nos. 27, 31, and 32. It is so ORDERED. SIGNED this 11th day of August, 2017. ___________________________________ Hilda Tagle Senior United States District Judge 2/2

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