Basey v. Davis
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)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
CORPUS CHRISTI DIVISION
WAYNE DOUGLAS BASEY,
United States District Court
Southern District of Texas
March 06, 2018
David J. Bradley, Clerk
CIVIL NO. 2:17-CV-00026
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.
Senior United States District Judge
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