Walton v. Davis

Filing 22

ORDER ADOPTING MEMORANDUM AND RECOMMENDATIONS re: 17 Memorandum and Recommendation. The Court GRANTS Respondent's motion for summary judgment, 13 ; 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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United States District Court Southern District of Texas ENTERED IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS CORPUS CHRISTI DIVISION § § Petitioner, § VS. § § LORIE DAVIS-DIRECTOR TDCJ-CID, § § Respondent. § July 16, 2018 David J. Bradley, Clerk JAMES O’DELL WALTON, CIVIL NO. 2:17-CV-00220 ORDER Before the Court is the April 12, 2018, Memorandum and Recommendation (“M&R”) of the Magistrate Judge to whom this case was referred. Dkt. No. 17. No party filed an objection to the M&R. See 28 U.S.C. § 636(b)(1) (setting a 14-day deadline to file objections; FED. R. CIV. P. 72(b)(2) (same); see also Dkt. No. 17 at 10– 11 (advising parties of the 14-day deadline). After independently reviewing the record and considering the applicable law, the Court ADOPTS the M&R in its entirety. Dkt. No. 17. The Court hereby:  GRANTS Respondent’s motion for summary judgment, Dkt. No. 13;  DISMISSES WITH PREJUDICE this action; and  DENIES Petitioner a Certificate of Appealability. The Court will direct entry of final judgment separately. SIGNED this 16th day of July, 2018. ___________________________________ Hilda Tagle Senior United States District Judge 1/1

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