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)

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.

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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.

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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).
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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

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