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)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
CORPUS CHRISTI DIVISION
WAYNE DOUGLAS BASEY,
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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.
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Hilda Tagle
Senior United States District Judge
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