UNITED STATES DISTRICT COURT May 11, 2020 SOUTHERN DISTRICT OF TEXAS David J. Bradley, Clerk CORPUS CHRISTI DIVISION

ANDREW MCCLENDON, § § Petitioner, § § v. § CIVIL ACTION NO. 2:19-CV-308 § 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 April 7, 2020. (D.E. 14). The M&R recommends that the Court grant Respondent’s motion for summary judgment (D.E. 12) and deny McClendon’s § 2254 petition. It is further recommended that a Certificate of Appealability be denied. 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 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,

(5th 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 Judge, the filings of the parties, the record, and the applicable law, and finding that the M&R is not clearly erroneous or contrary to law, the Court ADOPTS the M&R in its

entirety. (D.E. 14). Accordingly, Respondent’s motion for summary judgment (D.E. 12) is GRANTED, and McClendon’s § 2254 petition is DISMISSED. A Certificate of Appealability is also hereby DENIED. SIGNED and ORDERED this 11th day of May 2020.

DAVID S. MORALES UNITED STATES DISTRICT JUDGE