Mejia v. Stephens

Filing 26

ORDER ADOPTING REPORT AND RECOMMENDATIONS (Signed by Judge Nancy F. Atlas) Parties notified.(sashabranner, 4)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
VICTORIA DIVISION
DAVID MEJIA,
TDCJ # 863486,

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Petitioner,
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v.
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WILLIAM STEPHENS, Director,
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Texas Department of Criminal Justice - §
Correctional Institutions Division,
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Respondent.
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CIVIL ACTION NO. 6:13-CV-47

ORDER ADOPTING REPORT AND RECOMMENDATION
In a Report and Recommendation [Doc. # 22] (“R&R”) dated June 30, 2015,
Magistrate Judge John Froeschner recommended that Respondent’s Motion for
Summary Judgment [Doc. # 14] be denied without prejudice. Respondent filed an
Objection [Doc. # 23] to the R&R, and Petitioner David Mejia filed a response [Doc.
# 25].
Respondent correctly argues in his Objection that the deferential standards of
the Anti-Terrorism and Effective Death Penalty Act of 1996 (“AEDPA”) and 28
U.S.C. § 2254 apply to this case. The Magistrate Judge did not expressly apply these
standards in the R&R. However, this Court notes that on June 1, 2015, the Magistrate
Judge, after his ruling denying summary judgment without prejudice appointed

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counsel for Petitioner. This appointment was made after Petitioner pro se filed
summary judgment briefing.

Petitioner’s counsel therefore has not had the

opportunity to brief the impact of the § 2254 standards. Moreover, Judge Froeschner
denied Respondent’s summary judgment motion without prejudice, thereby allowing
these issues to be revisited after appropriate development of the facts by the parties
with the aid of counsel for both parties.
Accordingly, after de novo review, it is hereby
ORDERED that the Report and Recommendation [Doc. # 22] of Magistrate
Judge Froeschner is ADOPTED. Respondent’s Motion for Summary Judgment [Doc.
# 14] is DENIED without prejudice.
SIGNED at Houston, Texas, this 18th day of August, 2015.

NAN Y F. ATLAS
SENIOR UNI
STATES DISTRICT JUDGE

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150818.1247

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