Garza v. Davis
Garza v. Davis
Trial Court Opinion
□ Southern District of Texas ENTERED UNITED STATES DISTRICT COURT May 08, 2020 SOUTHERN DISTRICT OF TEXAS David J. Bradley, Clerk BROWNSVILLE DIVISION ANDRES ANTONIO GARZA, § Petitioner, § § V. § Civil Action No. 1:19-cv-00137 § LORIE DAVIS, Director, Texas § Department of Criminal Justice Correctional § Institutions Division, § Respondent. § ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION Before the Court is the “Magistrate Judge’s Report and Recommendation” (“R&R”) (Docket No. 19). The R&R recommended the following: (1) dismiss the case as time-barred; (2) close the case; and (3) decline to issue a certificate of appealability. Objections were due April 6, 2020. No objections were filed by either party. A “clearly erroneous, abuse of discretion and contrary to law” standard of review is appropriate when there has been no objection to the magistrate’s ruling. United States v. Wilson,
864 F.2d 1219, 1221(Sth Cir. 1989). Finding no clear error, abuse of discretion, or finding contrary to law, the R&R is ADOPTED. As aresult, Andres Antonio Garza’s cause of action against Lorie Davis is DISMISSED, and the Court DECLINES to issue a certificate of appealability. The Clerk of the Court is ORDERED to close this case.
Signed on this 7th day of May, 2020.
JC Gael Rotando Olvera / United States District Judge
Reference
- Status
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