McCarty v. Quarterman

Filing 46

MEMORANDUM AND ORDER denying 14 Motion for Evidentiary Hearing; granting 26 Motion for Summary Judgment. This case shall be DISMISSED in its entirety. (Signed by Judge George P. Kazen) Parties notified. (dmorales) (Additional attachment(s) added on 9/22/2008: # 1 Proof of Mailing) (dmorales, ).

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McCarty v. Quarterman Doc. 46 O UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS LAREDO DIVISION ROGER STEVEN MCCARTY, Petitioner, VS. NATHANIEL QUARTERMAN, Respondent. § § § § § § § § CIVIL ACTION NO. L-07-60 MEMORANDUM AND ORDER Pending is Respondent Nathaniel Quarterman's Motion for Summary Judgment (Docket No. 26) and Petitioner Roger Steven McCarty's Motion for an Evidentiary Hearing (Docket No. 14). McCarty filed a response to the summary judgment motion. (Docket No. 35.) Saldaņa issued a On August 18, 2008, Magistrate Judge Diana Report and Recommendation recommending that Quarterman's motion be granted and McCarty's motion be denied. (Docket No. 39.) On August 25, 2008, McCarty requested more time to file objections, and Judge Saldaņa granted an extension to September 8, 2008. (Docket No. 44.) Her Order stated that McCarty has not filed no further extensions would be permitted. any objections to the Report as of this day. The Court has reviewed Judge Saldaņa's Report and concludes that her recommendation is supported by the facts in the case and is well-reasoned and correct. 1/2 Quarterman's motion for summary judgment (Docket No. 26) is GRANTED. McCarty's motion for evidentiary hearing (Docket No. This case shall be DISMISSED in its entirety. 14) is DENIED. DONE at Laredo, Texas, this 19th day of September, 2008. ____________________________ United States District Judge 2/2

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