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)

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

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§ CIVIL ACTION NO. 7:16-CV-634
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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 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
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