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)

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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 § § § CIVIL ACTION NO. M-16-173 § § 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. ___________________________________ Randy Crane United States District Judge 1/1

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