Perez-Patinov.Davis

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS MCALLEN DIVISIONFeb 8, 2018
CIVIL ACTION NO. 7:16-CV-634 (S.D. Tex. Feb. 8, 2018)

CIVIL ACTION NO. 7:16-CV-634

02-08-2018

AMADOR PEREZ-PATINO v. LORIE DAVIS


ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION AND GRANTING DISMISSAL

The Court has reviewed the magistrate judge's Report and Recommendation regarding Petitioner Amador Perez-Patino's action pursuant to 28 U.S.C. § 2254. After having reviewed the said Report and Recommendation, and no objections having been filed by either party, the Court is of the opinion that the conclusions in said Report and Recommendation should be adopted by this Court.

It is, therefore, ORDERED, ADJUDGED and DECREED that the conclusions in United States Magistrate Judge Peter E. Ormsby's Report and Recommendation entered as Docket Entry No. 9 are hereby adopted by this Court.

FURTHER, the Court, having adopted the magistrate judge's conclusions, is of the opinion that Respondent's Motion for Summary Judgment should be GRANTED, that a certificate of appealability should be DENIED, and that Petitioner's Petition for Writ of Habeas Corpus under 28 U.S.C. § 2254 should be DISMISSED.

The Clerk shall send a copy of this Order to the Petitioner and counsel for Respondent.

SO ORDERED this 8th day of February, 2018, at McAllen, Texas.

/s/_________


Randy Crane


United States District Judge