Perez-Patino v. Davis

Filing 10

ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION AND GRANTING DISMISSAL re: 3 MOTION for Summary Judgment with Brief in Support, 9 Report and Recommendations, Case terminated on 02/08/18.(Signed by Judge Randy Crane) Parties notified.(klopez, 7)

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United States District Court Southern District of Texas ENTERED UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS MCALLEN DIVISION AMADOR PEREZ-PATINO VS. LORIE DAVIS February 08, 2018 David J. Bradley, Clerk § § § § CIVIL ACTION NO. 7:16-CV-634 § § ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION AND GRANTING DISMISSAL The Court has reviewed the magistrate judge's Report and Recommendation regarding Petitioner Amador Perez-Patino’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. 9 are hereby adopted by this Court. FURTHER, the Court, having adopted the magistrate judge’s conclusions, is of the opinion that Respondent’s Motion for Summary Judgment should be GRANTED, that a certificate of appealability should be DENIED, and that Petitioner’s Petition for Writ of Habeas Corpus under 28 U.S.C. § 2254 should be DISMISSED. The Clerk shall send a copy of this Order to the Petitioner and counsel for Respondent. SO ORDERED this 8th day of February, 2018, at McAllen, Texas. ___________________________________ Randy Crane United States District Judge 1/1

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