Vasquez

Filing 12

ORDER ADOPTING REPORT AND RECOMMENDATIONS re: 3 MOTION to Stay Execution, 10 Report and Recommendations. Certificate of Appealability is DENIED. Case dismissed with prejudice on 3/29/2016.(Signed by Judge Randy Crane) Parties notified.(bgarces, 7)

United States District Court
Southern District of Texas

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
MCALLEN DIVISION
PABLO LUCIO VASQUEZ
Petitioner
VS.
WILLIAM STEPHENS, Director,
Texas Department of Criminal Justice
Correctional Institutions Division
Respondent

ENTERED
March 29, 2016
David J. Bradley, Clerk

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§ CIVIL ACTION NO. 7:16-CV-115
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ORDER ADOPTING REPORT AND RECOMMENDATION
Pending before the Court is Petitioner’s action pursuant to 28 U.S.C. ' 2254 (Doc. #1),
which had been referred to the Magistrate Court for a report and recommendation. Also pending
are Petitioner’s Motion to Stay Execution (Doc. #3), and objections (Doc. #11). On March 22,
2016, the Magistrate Court issued the Report and Recommendation, recommending that
Petitioner’s motion to stay execution be denied, and that his claim under 28 U.S.C. § 2254 be
denied and dismissed with prejudice.
Pursuant to Federal Rule of Civil Procedure 72(b), after having reviewed Petitioner’s
objections, 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 Petitioner’s Motion to Stay Execution (Doc.
#3) is DENIED, Petitioner’s 28 U.S.C. § 2254 claim (Doc.#1) is DENIED and DISMISSED
with prejudice, and a Certificate of Appealability is DENIED.
SO ORDERED this 29th day of March, 2016, at McAllen, Texas.
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Randy Crane
United States District Judge
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