Soliz v. Lumpkin
Soliz v. Lumpkin
Trial Court Opinion
Southern District of Texas ENTERED UNITED STATES DISTRICT COURT an SOUTHERN DISTRICT OF TEXAS CORPUS CHRISTI DIVISION JESUS SOLIZ, § § Petitioner, § CIVIL ACTION NO. 2:24-CV-00044 BOBBY LUMPKIN Respondent. ORDER ADOPTING MEMORANDUM & RECOMMENDATION Before the Court is Magistrate Judge Jason B. Libby’s Memorandum and Recommendation (“M&R”). (D.E. 23). The M&R recommends that the Court grant Respondent’s Motion for Summary Judgment and dismiss Petitioner’s claim for habeas corpus relief. Jd. at 2. The M&R further recommends that the Court deny a certificate of appealability. /d. 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 y. Litton Loan Servicing, L.P., No. 4:14-CV-02700,
2015 WL 3823141, at *1 (S.D. Tex. June 18, 2015) (Harmon, J.) (citation omitted). Having 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. 23). Accordingly, the Court GRANTS Respondent’s Motion for Summary Judgment, (D.E. 15), DISMISSES Petitioner’s
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claim for habeas corpus relief, (D.E. 1), and DENIES a certificate of appealability. The Court will enter final judgment separately. _ \ / /| /] SO ORDERED. ) if / / A /i\/ \ A/V Y| □□□ DA > MORALES UNITED STATES DISTRICT JUDGE
Signed: Corpus Christi, Texas March 2/4 2025
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Reference
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