Homero Rey Cantu v. Warden SCP Three Rivers

Southern District of Texas ENTERED March 03, 2026 UNITED STATES DISTRICT COURT Nathan Ochsner, Clerk SOUTHERN DISTRICT OF TEXAS CORPUS CHRISTI DIVISION HOMERO REY CANTU, § Petitioner, v. CIVIL ACTION NO. 2:25-CV-00070 WARDEN SCP THREE RIVERS, Respondent.

ORDER ADOPTING MEMORANDUM & RECOMMENDATION Before the Court is Magistrate Judge Jason Libby’s Memorandum and Recommendation (“M&R”). (D.E. 17). The M&R recommends that the Court grant Respondent’s motion for summary judgment, (D.E. 14), and either dismiss Petitioner’s petition as moot, or dismiss the petition because Petitioner has failed to exhaust administrative remedies. (D.E. 17, p. 2).

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, 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 part. (D.E. 17). Accordingly, the Court GRANTS Respondent’s motion for summary judgment, (D.E. 14), and DISMISSES as moot the 1/2 petition for a writ of habeas corpus. (D.E. 1). The Court will enter final judgment/separptely.

SO ORDERED.

DAVI M LES UNITED S¥ATES DISTRICT JUDGE Signed: Corpus ppaat. Texas March 3% □□ 2026 2/2