Rivera v. Texas Board of Pardon & Paroles

Filing 13

ORDER ADOPTING MEMORANDUM AND RECOMMENDATIONS re: 10 Memorandum and Recommendations; the Court dismisses Plaintiff's petition for writ of habeas corpus(Signed by Judge David S Morales) Parties notified.(arodriguez, 2)

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Case 2:20-cv-00136 Document 13 Filed on 01/07/21 in TXSD Page 1 of 2 United States District Court Southern District of Texas ENTERED UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS CORPUS CHRISTI DIVISION JOSE ANGEL RIVERA, Petitioner, VS. TEXAS BOARD OF PARDONS & PAROLES, Respondent. § § § § § § § § § January 07, 2021 Nathan Ochsner, Clerk CIVIL ACTION NO. 2:20-CV-136 ORDER ADOPTING MEMORANDUM AND RECOMMENDATION Before the Court is Magistrate Judge Julie Hampton’s Memorandum and Recommendation (M&R). (D.E. 10). The parties were provided proper notice of, and the opportunity to object to, the Magistrate Judge’s M&R. See U.S.C. § 636(b)(1); FED. R. CIV. P. 72(b); General Order No. 2002-13. Petitioner filed objections to the M&R.1 (D.E. 12). Having carefully reviewed the proposed findings and conclusions of the M&R, the record, the applicable law, and having made a de novo review of the portions of the M&R to which the Plaintiff’s objections were directed, 28 U.S.C. § 636(b)(1), the Court OVERRULES Plaintiff’s objections (D.E. 12). Accordingly, the Court: (1) ADOPTS the M&R in its entirety. (D.E. 10). (2) DISMISSES Plaintiff’s petition for writ of habeas corpus, filed pursuant to 28 U.S.C. § 2241, pursuant to the screening provisions in Rule 4 of the Rules Governing Section 2254 Cases. 1 It appears that Petitioner did not timely file his objections. See (D.E. 10, p. 6; D.E. 11; D.E. 12, p. 6). Nevertheless, the Court will consider the objections. (D.E. 12). 1/2 Case 2:20-cv-00136 Document 13 Filed on 01/07/21 in TXSD Page 2 of 2 The Clerk of Court is DIRECTED to close this case. SO ORDERED. DAVID S. MORALES UNITED STATES DISTRICT JUDGE Dated: Corpus Christi, Texas January 7, 2021 2/2

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