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)

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.

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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.
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