Cantu v. Stephens

Filing 15

ORDER ADOPTING REPORT AND RECOMMENDATIONS re: 12 Report and Recommendations. Certificate of Appealability is DENIED. (Signed by Judge Randy Crane) Parties notified.(jengonzalez, 7)

United States District Court
Southern District of Texas

ENTERED

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
MCALLEN DIVISION
ANDRES ENRIQUE CANTU
Petitioner
VS.
LORIE DAVIS, DIRECTOR, TEXAS
DEPARTMENT OF CRIMINAL
JUSTICE, C.I.D.
Respondents.

March 23, 2017
David J. Bradley, Clerk

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§ CIVIL ACTION NO. 7:15-CV-555
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ORDER ADOPTING IN PART MAGISTRATE COURT’S
REPORT AND RECOMMENDATION
Pending before the Court is Petitioner’s application to vacate, set aside, or correct sentence
pursuant to 28 U.S.C. ' 2254, which motion had been referred to the Magistrate Court for a report
and recommendation. On February 15, 2017, the Magistrate Court issued the Report and
Recommendation, recommending that Respondent’s motion for Summary Judgment (Dkt. Entry
No. 10) be granted and that Petitioner’s section 2254 motion be dismissed with prejudice as timebarred. Also pending before the Court are Petitioner’s and Respondents objections to the Report
and Recommendations.
Pursuant to Federal Rule of Civil Procedure 72(b), the Court has conducted a de novo
review of the Report and Recommendation. Finding no clear erroneous error, the Court adopts the
Report and Recommendation in its entirety on the issue of the time barred claims. Accordingly,
Petitioner’s section 2254 claims are DISMISSED with prejudice as time-barred.

However, this

Court concludes that jurists of reason would not find the denial of equitable tolling debatable and
therefore DENIES a Certificate of Appealability.

SO ORDERED this 21st day of March, 2017, at McAllen, Texas.
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Randy Crane
United States District Judge

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