Southern District of Texas . ENTERED UNITED STATES DISTRICT COURT March 04, 2021 SOUTHERN DISTRICT OF TEXAS Nathan Ochsner, Clerk CORPUS CHRISTI DIVISION CHRISTOPHER LEE GARZA, § Petitioner, VS. § CIVIL ACTION NO. 2:20-CV-273

BOBBY LUMPKIN, Respondent. ORDER ADOPTING MEMORANDUM AND RECOMMENDATION Before the Court is Magistrate Judge Jason B. Libby’s Memorandum and Recommendation (M&R), entered on February 3, 2021. (D.E. 12). The M&R recommends that the Court grant Respondent’s motion for summary judgment (D.E. 11) and dismiss this action as time barred. 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 col 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 Judge, the filings of the parties, the record, and the applicable law, and finding that the

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M&R is not clearly erroneous or contrary to law, the Court ADOPTS the M&R in its entirety. (D.E. 12). Accordingly, Respondent’s motion for summary judgment (D.E. 11) is GRANTED, and this action is DISMISSED as time barred. A Certificate of Appealability is also hereby DENIED. . SO ORDERED. A LY UNITED STATES DISTRICT JUDGE

Dated: Corpus Christi, Texas March 4, 2021

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