Garcia v. Director TDCJ-CID

Filing 32

ORDER ADOPTING MEMORANDUM AND RECOMMENDATIONS re: 29 Memorandum and Recommendations ; GRANTS 27 Respondent's Motion for Summary Judgment; DISMISSES this case, 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 ANDY MILTON GARCIA, Petitioner, VS. LORIE DAVIS, Respondent. § § § § § § § § March 13, 2018 David J. Bradley, Clerk CIVIL NO. 2:17-CV-245 ORDER The Court has before it Respondent’s Motion for Summary Judgment (Dkt. No. 27), The Memorandum and Recommendation (“M&R”) of the Magistrate to whom this case was referred (Dkt. No. 29), and Petitioner’s response to the summary-judgment motion (Dkt. No. 31).1 After independently reviewing the record and applicable law, the Court ADOPTS the M&R (Dkt. No. 29). The Court GRANTS Respondent’s Motion for Summary Judgment (Dkt. No. 27), DISMISSES the above-captioned case, and DENIES Petitioner a Certificate of Appealability. Final Judgment will be entered separately. See FED. R. CIV. P. 58. SIGNED this 13th day of March, 2018. ___________________________________ Hilda Tagle Senior United States District Judge Although Petitioner’s “Responce [sic] to Respondents [sic] Motion for Summary Judgment” is untimely as a response to Respondent’s summary-judgment motion, this Court construes the filing as a timely objection to the M&R and has reviewed it. 1 1/1

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