Rodriguez v. Davis

Filing 21

ORDER ADOPTING MEMORANDUM AND RECOMMENDATIONS re: 19 Memorandum and Recommendations. The Court DISMISSES Petitioner's above-captioned habeas application, and DENIES Petitioner a certificate of appealability. The Court further STRIKES the duplicate M&R 18 . (Signed by Judge Hilda G Tagle) Parties notified.(scavazos, 1)

United States District Court
Southern District of Texas

ENTERED
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
CORPUS CHRISTI DIVISION
JASON ANDY RODRIGUEZ,
Petitioner,
VS.
LORIE DAVIS,
Respondent.

§
§
§
§
§
§
§
§

April 13, 2018
David J. Bradley, Clerk

CIVIL NO. 2:17-CV-163

ORDER
The Court has received the Magistrate Judge’s August 3, 2017, Memorandum
and Recommendation (“M&R”), Dkt. No. 19.1 The time to file objections has passed,
and no objections have been filed. FED. R. CIV. P. 72(b) (setting 14-day deadline to
file objections); see also M&R, Dkt. No. 19 at 4 (advising parties of the 14-day
deadline).
After independently reviewing the record and applicable law, the Court
ADOPTS the M&R, Dkt. No. 19, DISMISSES Petitioner’s above-captioned habeas
application, and DENIES Petitioner a certificate of appealability. The Court
further STRIKES the duplicate M&R, Dkt. No. 18. Final judgment will be entered
separately.
SIGNED this 13th day of April, 2018.
___________________________________
Hilda Tagle
Senior United States District Judge

It appears that the M&R was erroneously filed twice. See Dkt. Nos. 18, 19. Because both documents
are identical, the Court considers only the M&R docketed as #19 and strikes the M&R docketed as
#18.
1

1/1