Landers v. Sifuentes

Filing 12

ORDER ADOPTING REPORT AND RECOMMENDATIONS re: 10 Report and Recommendations, a certificate of appealability should be DENIED. Case terminated on 4/20/2017.(Signed by Judge Randy Crane) Parties notified.(BelindaSaenz, 7)

United States District Court
Southern District of Texas

ENTERED
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
MCALLEN DIVISION
JAMES TODD LANDERS
VS.
LORIE DAVIS

April 20, 2017
David J. Bradley, Clerk

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§ CIVIL ACTION NO. M-16-173
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ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION
AND GRANTING DISMISSAL
The Court has reviewed the magistrate judge's Report and Recommendation regarding
Petitioner James Todd Landers’s action pursuant to 28 U.S.C. § 2254. After having reviewed the
said Report and Recommendation, and no objections having been filed by either party, the Court
is of the opinion that the conclusions in said Report and Recommendation should be adopted by
this Court.
It is, therefore, ORDERED, ADJUDGED and DECREED that the conclusions in
United States Magistrate Judge Peter E. Ormsby's Report and Recommendation entered as
Docket Entry No. 10 are hereby adopted by this Court.
FURTHER, the Court, having adopted the magistrate judge’s conclusions, is of the
opinion that Petitioner’s Petition for Writ of Habeas Corpus under 28 U.S.C. § 2254 should be
DISMISSED as moot, that Respondent’s Motion for Summary Judgment should be DENIED as
unnecessary, and that a certificate of appealability should be DENIED.
The Clerk shall send a copy of this Order to the Petitioner and counsel for Respondent.
SO ORDERED this 20th day of April, 2017, at McAllen, Texas.

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Randy Crane
United States District Judge
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