Cardenas Garza v. State Of Texas

Filing 29

ORDER ADOPTING REPORT AND RECOMMENDATIONS re: 24 MOTION for Summary Judgment, 19 MOTION for Summary Judgment with Brief in Support, A certificate of Appealability is DENIED. Case terminated on 8/2/2017.(Signed by Judge Micaela Alvarez) Parties notified.(BelindaSaenz, 7)

United States District Court
Southern District of Texas

ENTERED
August 02, 2017

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
MCALLEN DIVISION
ROBERTO CARDENAS GARZA,
Petitioner
VS.
LORIE DAVIS DIRECTOR, TEXAS
DEPARTMENT OF CRIMINAL JUSTICE,
CORRECTIONAL INSTITUTIONS DIVISION
Respondent

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CIVIL ACTION NO.

David J. Bradley, Clerk

M-16-678

ORDER ADOPTING REPORT AND RECOMMENDATION
Pending before the Court is Petitioner’s application to vacate, set aside, or correct
sentence pursuant to 28 U.S.C. ' 2254, which motion had been referred to the Magistrate Court
for a Report and Recommendation. On July 18, 2017, the Magistrate Court issued the Report
and Recommendation, recommending that Respondent’s motion for Summary Judgment (Dkt.
Entry No. 19) be granted, that Petitioner’s Motion for Summary Judgment (Dkt. Entry No. 24)
be denied, and that Petitioner’s section 2254 motion be dismissed without prejudice as
unexhausted.
Petitioner has responded with a self-styled “Motion to Dismiss Report and
Recommendation” (Dkt. No. 28). The Court construes this as objections to the Report and
Recommendation. Pursuant to Federal Rule of Civil Procedure 72(b), the Court has conducted a
de novo review of the Report and Recommendation to which objections are made. The Court
finds that the objections are without merit.
Having reviewed the record as a whole and finding no clear error, the Court adopts the
Report and Recommendation in its entirety. Accordingly, Respondent’s Motion for Summary
Judgment (Dkt. Entry No. 19) is GRANTED, Petitioner’s Motion for Summary Judgment (Dkt.

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Entry No. 24) is DENIED, and Petitioner’s section 2254 claims are DISMISSED without
prejudice as unexhausted.

A certificate of Appealability is DENIED.

IT IS SO ORDERED.
DONE at McAllen, Texas, this 2nd day of August, 2017.
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Micaela Alvarez
United States District Judge

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