Basey v. Davis

Filing 26

ORDER ADOPTING MEMORANDUM AND RECOMMENDATIONS re: 22 Memorandum and Recommendation; DENIES 8 Petitioner's Motion for Summary Judgment and an Evidentiary Hearing; GRANTS 11 Respondent's Motion for Summary Judgment; DISMISSES WITH PREJUDICE this action; and DENIES Petitioner a Certificate of Appealability. (Signed by Judge Hilda G Tagle) Parties notified.(scavazos, 1)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS CORPUS CHRISTI DIVISION WAYNE DOUGLAS BASEY, § § § § § § § § Petitioner, VS. LORIE DAVIS, Respondent. United States District Court Southern District of Texas ENTERED March 06, 2018 David J. Bradley, Clerk CIVIL NO. 2:17-CV-00026 ORDER The Court is in receipt of Petitioner’s April 12, 2017, motion for summary judgment and an evidentiary hearing, Dkt. No. 8; Respondent’s April 26, 2017, motion for summary judgment, Dkt. No. 11; the October 5, 2017, Amended Memorandum and Recommendation (“M&R”) of the Magistrate Judge to whom this case was referred, Dkt. No. 22; and Petitioner’s October 23, 2017, objection to the M&R, Dkt. No. 25. The Court reviews objected-to portions of a Magistrate Judge’s proposed findings and recommendations de novo. 28 U.S.C. § 636(b)(1). Plaintiff’s objections to the M&R are frivolous, conclusory, general, or contain no arguments that the M&R has not already considered. Dkt. No. 25; see also Battle v. United States Parole Comm’n, 834 F.2d 419 (5th Cir. 1987) (determining that a district court need not consider frivolous, conclusive, or general objections). After independently reviewing the record and considering the applicable law, the Court adopts the proposed M&R in its entirety. Dkt. No. 22. Thus, the Court OVERRULES Plaintiff’s objection. The Court hereby:  DENIES Petitioner’s motion for summary judgment and an evidentiary hearing, Dkt. No. 8;  GRANTS Respondent’s motion for summary judgement, Dkt. No. 11;  DISMISSES WITH PREJUDICE this action; and  DENIES Petitioner a Certificate of Appealability. The Court will order entry of Final Judgment separately. SIGNED this 5th day of March, 2018. ___________________________________ Hilda Tagle Senior United States District Judge 1/1

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