Southern District of Texas ENTERED UNITED STATES DISTRICT COURT nt | □□□□□ olen SOUTHERN DISTRICT OF TEXAS CORPUS CHRISTI DIVISION ‘DANNY RICHARD RIVERS, § Petitioner, : VS. CIVIL ACTION NO. 2:19-CV-226 LORIE DAVIS, : Respondent. : ORDER ADOPTING MEMORANDUM AND RECOMMENDATION Before the Court is Magistrate Judge Julie K. Hampton’s Memorandum and Recommendation (M&R), entered on January 1, 2020. (D.E. 16). The M&R recommends that the Court grant Respondent’s amended motion for summary judgment (D.E. 12) and that Petitioner’s § 2254 petition be denied. It is further recommended that a Certificate of Appealability be denied and Respondent’s original motion for summary judgment (D.E. 10) be denied as moot. The parties were provided proper notice of, and the opportunity to object to, the Magistrate Judge’s M&R. See

(b)(1); FED. R. Civ. P. 72(b); General Order No. 2002-13. No timely objection has been filed. When no timely objection has been filed, the district court need only determine whether the magistrate judge’s memorandum and recommendation is clearly erroneous or contrary to law. United States v. Wilson,

(Sth Cir. 1989) (per curiam); Powell v. Litton Loan Servicing, LP, No. CIV. A. H-14-2700,

, at *1 (S.D. Tex. June 18, 2015). Having carefully reviewed the proposed findings and conclusions of the Magistrate 1/2

Judge, the filings of the parties, the record, and the applicable law, and sing that the M&R is not clearly erroneous or contrary to law, the Court ADOPTS the M&R in its entirety. (D.E. 16). Accordingly, Respondent’s original motion for summary judgment (D.E. 12) is GRANTED, and Petitioner’s § 2254 petition is denied. Respondent’s original motion for summary judgment is DENIED as moot. (D.E. 10). The Certificate of Appealability is also hereby DENIED. SIGNED and ORDERED this Th DAVID S. MORALES UNITED STATES DISTRICT JUDGE

2/2 .