Montano v State of Texas

Filing 22

ORDER entered: The State of Texas moved for summary judgment that Joseph Montano consented to a mistrial and waived his double jeopardy rights; Montano responded; and Texas replied. (Docket Entries No. 18, 19, 20). Based on the findings and conclu sions stated in detail on the record, Texas's motion for summary judgment, (Docket Entry No. 18), is granted. Montanos petition for a writ of habeas corpus is denied, and the case is dismissed, with prejudice. (Signed by Chief Judge Lee H Rosenthal) Parties notified.(leddins, 4)

United States District Court
Southern District of Texas

ENTERED
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
JOSEPH MONTANO,

Plaintiff,
v.
STATE OF TEXAS,

Defendant.

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November 21, 2017
David J. Bradley, Clerk

CIVIL ACTION NO. H-15-860

ORDER
The State of Texas moved for summary judgment that Joseph Montano consented to a
mistrial and waived his double jeopardy rights; Montano responded; and Texas replied. (Docket
Entries No. 18, 19, 20). Based on the findings and conclusions stated in detail on the record, Texas’s
motion for summary judgment, (Docket Entry No. 18), is granted. Montano’s petition for a writ of
habeas corpus is denied, and the case is dismissed, with prejudice.
SIGNED on November 21, 2017, at Houston, Texas.
______________________________________
Lee H. Rosenthal
Chief United States District Judge