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Esquivel v. Davis, M-18-1019. (2018)

Court: District Court, S.D. Texas Number: infdco20181113g98 Visitors: 14
Filed: Nov. 07, 2018
Latest Update: Nov. 07, 2018
Summary: ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION AND GRANTING DISMISSAL RANDY CRANE , District Judge . The Court has reviewed the magistrate judge's Report and Recommendation regarding Petitioner Mario Alberto Esquivel'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
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ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION AND GRANTING DISMISSAL

The Court has reviewed the magistrate judge's Report and Recommendation regarding Petitioner Mario Alberto Esquivel'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 Juan F. Alanis's Report and Recommendation entered as Docket Entry No. 5 are hereby adopted by this Court.

FURTHER, the Court, having adopted the magistrate judge's conclusions, is of the opinion 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.

Source:  Leagle

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