Soliz v. Collier

District Court, S.D. Texas

Soliz v. Collier

Trial Court Opinion

UNITED STATES DISTRICT COURT September 13, 2023 SOUTHERN DISTRICT OF TEXAS Nathan Ochsner, Clerk CORPUS CHRISTI DIVISION

JESUS SOLIZ, § § Petitioner, § § VS. § CIVIL ACTION NO. 2:22-CV-00238 § BRYAN COLLIER, et al., § § Respondents. §

ORDER ADOPTING MEMORANDUM AND RECOMMENDATION

On August 8, 2023, United States Magistrate Judge Jason B. Libby issued his “Memorandum and Recommendation” (M&R, D.E. 21), recommending that Respondents’ Motion for Summary Judgment (D.E. 15) be granted and that this habeas corpus action be dismissed and that a certificate of appealability be denied. The parties were provided proper notice of, and opportunity to object to, the Magistrate Judge’s M&R. Fed. R. Civ. P. 72(b);

28 U.S.C. § 636

(b)(1); General Order No. 2002-13. No objections have been timely filed. When no timely objection to a magistrate judge’s M&R is filed, the district court need only satisfy itself that there is no clear error on the face of the record and accept the magistrate judge’s M&R. Guillory v. PPG Indus., Inc.,

434 F.3d 303, 308

(5th Cir. 2005) (citing Douglass v. United Servs. Auto Ass’n,

79 F.3d 1415, 1420

(5th Cir. 1996)). Having reviewed the findings of fact and conclusions of law set forth in the Magistrate Judge’s M&R (D.E. 21), and all other relevant documents in the record, and finding no clear error, the Court ADOPTS as its own the findings and conclusions of the Magistrate Judge. Accordingly, Respondent’s motion for summary judgment (D.E. 15) is GRANTED and this action is DISMISSED. In the event that Petitioner requests a Certificate of Appealability, that request is DENIED. ORDERED on September 13, 2023. [eke GONZAIGS RAMOS UNITED STATES DISTRICT JUDGE

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