Garcia v. Lumpkin

Southern District of Texas ENTERED UNITED STATES DISTRICT COURT October 20, 2022 SOUTHERN DISTRICT OF TEXAS Nathan Ochsner, Clerk CORPUS CHRISTI DIVISION GARY GARCIA, § Petitioner, : VS. § CIVIL ACTION NO. 2:22-CV-0017 BOBBY LUMPKIN, : Respondent. : ORDER ADOPTING MEMORANDUM & RECOMMENDATION Before the Court is Magistrate Judge Julie Hampton’s Memorandum and Recommendation (“M&R”). (D.E. 19). The M&R recommends that the Court grant Respondent Bobby Lumpkin’s motion for summary judgment, (D.E. 14), and deny Petitioner Gary Garcia’s 28 U.S.C. § 2254 habeas corpus petition as untimely and, alternatively, on the merits. (D.E. 19). The M&R further recommends that the Court deny a Certificate of Appealability. Id. The parties were provided proper notice of, and the opportunity to object to, the Magistrate Judge’s M&R. See 28 U.S.C. § 636(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 M&R is clearly erroneous or contrary to law. United States v. Wilson, 864 F.2d 1219, 1221 (Sth Cir. 1989) (per curiam); Powell v. Litton Loan Servicing, LP, No. CIV. A. H-14-2700, 2015 WL 3823141, 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. 19). Accordingly, for the reasons set forth in the M&R: (1) The Court GRANTS Respondent’s motion for summary judgment. (D.E. 14).

1/2 (2) The Court DENIES Petitioner’s 28 USC. § 2254 habeas corpus petition. (D-.E. 1). (3) The Court DENIES a Certificate of Appealability.

A final judgment will be entered separately.

SO ORDERED. Ci [/ IN CA DAWD §. MORALES UNITED STATES DISTRICT JUDGE Dated: Corpus Christi, Texas October / ate 2022 2/2