Castro v. Davis

Filing 15

ORDER ADOPTING REPORT AND RECOMMENDATIONS denying re: 7 MOTION for Summary Judgment with Brief in Support (Signed by Judge Lynn N Hughes) Parties notified.(ShoshanaArnow, 4)

Case 4:19-cv-04933 Document 15 Filed on 01/06/21 in TXSD Page 1 of 1

United States District Court

UNITED STATES DISTRICT COURT

Southern District of Texas
SOUTHERN DISTRICT OF TEXAS

ENTERED
January 06, 2021
Nathan Ochsner, Clerk

Roxman C. Castro,
Petitioner,
V.

Bobby Lumpkin,
Director, Texas Department of
Criminal Justice, Correctional
Institutions Division,
Respondent.

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CivilAction H-19-4933

Order of Adoption
On December 2, 2020, Magistrate Judge Peter Bray
recommended that the court deny Castro's petition for writ of habeas
corpus as time barred. (13) In his objection (14), Castro claims to have
placed his federal petition in the prison mail system before the statute
of limitations expired on December 4, 2019. In his petition, under
penalty of perjury and in answer to a specific question about the date
of mailing, Castro stated that he placed his federal petition in the
prison mail system on December 6, 2019. (1) Castro does not explain
the discrepancy between the statements in his federal petition and the
conclusory claim in his objection. Castro's objection is denied. The
court adopts the report and recommendation as its memorandum and
opinion. The court will issue a separate final judgment.
Signed on-January 6, 2021, at Houston, Texas.

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:=.Hughes
United States District Judge