Cruz v. Davis

Filing 7

ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION AND GRANTING DISMISSAL re: 5 Report and Recommendations, A Certificate of Appealability is Denied. Case terminated on 12/20/2018(Signed by Judge Randy Crane) Parties notified.(NelidaLosoya, 7)

United States District Court
Southern District of Texas

ENTERED
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
MCALLEN DIVISION
OLAF CRUZ
(TDCJ # 02078877)
Petitioner
VS.
LORIE DAVIS, Director, Texas
Department of Criminal Justice,
Correctional Institutions Division
Respondent

December 20, 2018
David J. Bradley, Clerk

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§ MISC. ACTION NO. 7:18-MC-1507
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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 Olaf Cruz’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 Juan F. Alanis’ Report and Recommendation entered as Docket
Entry No. 5 are hereby adopted by this Court.
FURTHER, the Court, having adopted the magistrate judge’s conclusions, is of the
opinion 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 20th day of December, 2018, at McAllen, Texas.

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Randy Crane
United States District Judge
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