Ruben Antonio Ybanez v. Eric Guerrego

Southern District of Texas ENTERED April 23, 2026 UNITED STATES DISTRICT COURT Nathan Ochsner, Clerk SOUTHERN DISTRICT OF TEXAS VICTORIA DIVISION RUBEN ANTONIO YBANEZ, § § Petitioner, § V. CIVIL ACTION NO. 6:25-CV-00078 ERIC GUERREGO, : Respondent. : ORDER ADOPTING MEMORANDUM & RECOMMENDATION Before the Court is Magistrate Judge Jason Libby’s Memorandum and Recommendation (“M&R”). (D.E. 13). The M&R recommends that the Court grant Respondent’s motion for summary judgment, dismiss this case, and deny Petitioner a certificate of appealability. Jd. at 1.

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 (5th 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 its entirety. (D.E. 13). Accordingly, the Court GRANTS Respondent’s motion for summary judgment, (D.E. 12), and DISMISSES Petitioner’s § 2254 petition. (D.E. 1). Further, the Court DENIES Petitioner a certificate of appealability. The 1/2 Court will enter final judgment separately.

SO ORDERED.

DA . MORALES UNITED STATES DISTRICT JUDGE Signed: Corpus cae Texas April? 272026 2/2