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)

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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. § § § § § § § § § § 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. �� N� :=.Hughes United States District Judge

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