, □ Southern District of Texas ENTERED UNITED STATES DISTRICT COURT September 08, 202( SOUTHERN DISTRICT OF TEXAS David J. Bradley, Clerk BROWNSVILLE DIVISION ELIAS GAITAN, § Petitioner, § § § . Civil Action No. 1:19-cv-00056 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. 73). The R&R recommended the following: (1) grant Lorie Davis’ (“Respondent”) “Motion for Summary Judgment with Brief in Support” (“Motion”) (Docket No. 70); (2) dismiss the case with prejudice; (3) decline to issue a certificate of appealability; and (4) close this case. Objections were due September 4, 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,

(Sth Cir. 1989). Finding no clear error, abuse of discretion, or finding contrary to law, the R&R is ADOPTED. . Asa result, Respondent’s Motion (Docket No. 70) is GRANTED and Elias Gaitan’s cause of action is DISMISSED WITH PREJUDICE. The Court DECLINES to issue a certificate of appealability. The District Clerk’s Office is ORDERED to close this case.

Signed on this 5 ! h day of supko | he , 2020.

Rolapflo Olvera . United States District Judge ~