Rodriguez, Jr. v. Stephens

Filing 25

ORDER ADOPTING REPORT AND RECOMMENDATION re: 22 Report and Recommendations, 19 MOTION for Summary Judgment with Brief in Support (Signed by Judge Randy Crane) Parties notified.(cvillegas, 7)

United States District Court
Southern District of Texas

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
MCALLEN DIVISION
HUMBERTO RODRIGUEZ, JR.,
Petitioner
VS.
WILLIAM STEPHENS, DIRECTOR,
TEXAS DEPARTMENT OF CRIMINAL
JUSTIC, CORRECTIONAL
INSTITUTIONS DIVISION
Respondent

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ENTERED
August 04, 2016
David J. Bradley, Clerk

CIVIL ACTION NO. 7:15-CV-113

ORDER ADOPTING REPORT AND RECOMMENDATION
Pending before the Court is Petitioner’s action pursuant to 28 U.S.C. ' 2254(g), which motion
had been referred to the Magistrate Court for a report and recommendation.

Also pending are

Respondent’s Motion for Summary Judgment, and Petitioner’s objections to the Report and
Recommendation. On June 29, 2016, the Magistrate Court issued the Report and Recommendation,
recommending that Respondent’s Motion for Summary Judgment be granted to the extent it is consistent
with the Report, and that Petitioner’s claims under 28 U.S.C. § 2254 be denied and dismissed with
prejudice.
Pursuant to Federal Rule of Civil Procedure 72(b), the Court has conducted a de novo review of
the Report and Recommendation. Finding no clearly erroneous error, the Court adopts the Report and
Recommendation in its entirety. Accordingly, it is hereby ORDERED that Respondent’s Motion for
Summary Judgment (Dkt. Entry No. 19) is GRANTED to the extent it is consistent with the Magistrate’s
Report, Petitioner’s 28 U.S.C. § 2254 claims are DENIED and DISMISSED with prejudice, and a
Certificate of Appealability is DENIED.
SO ORDERED this 4th day of August, 2016, at McAllen, Texas.
___________________________________
Randy Crane
United States District Judge

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