Summary
granting summary judgment and dismissing with prejudice an untimely § 2254 action
Summary of this case from Arce v. DavisOpinion
Civil Action No. 1:17-cv-00161
05-15-2018
VALENTIN ORTIZ, Petitioner, v. LORIE DAVIS, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent.
ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION
Before the Court is "Magistrate Judge's Report and Recommendation" (Docket No. 40) (hereafter "R&R") regarding Valentin Ortiz' (hereafter "Petitioner") "Amended Petition for Writ of Habeas Corpus by a Person in State Custody" (Docket No. 5). No objections were filed; the deadline for filing objections has expired.
Petitioner's counsel of record failed to file objections to the "R&R" (Docket No. 40). However, after the "R&R" was filed, but within the deadline to file objections, Petitioner filed a handwritten "Motion to Appeal the Appeal [sic] Certificate [sic] Appealability" (hereafter "Motion to Appeal") (Docket No. 41) and reasserted conclusory claims addressed in the "R&R." See Docket 40 at 11-12. Even if Petitioner's "Motion to Appeal" was intended to represent objections to the "R&R," Petitioner's conclusory claims are meritless and futile. --------
After a de novo review of the file, the Magistrate Judge's Report and Recommendation is ADOPTED. It is therefore, ORDERED, ADJUDGED, and DECREED that Petitioner's "Amended Petition for Writ of Habeas Corpus by a Person in State Custody" (Docket No. 5) is hereby DISMISSED with prejudice and Petitioner's "Motion to Appeal the Appeal [sic] Certificate [sic] Appealability" (Docket No. 41) is hereby DENIED as moot. The Certificate of Appealability is also hereby DENIED. The Clerk of the Court is hereby ORDERED to close this case.
Signed on this 15th day of May, 2018.
/s/_________
Rolando Olvera
United States District Judge