Filed: Feb. 15, 2018
Latest Update: Feb. 15, 2018
Summary: ORDER HILDA TAGLE , Senior District Judge . The Court is in receipt of Respondent's April 7, 2017, motion for summary judgment, Dkt. No. 30, and the July 10, 2017, Memorandum and Recommendations ("M&R") of the Magistrate Judge to whom this case was referred, Dkt. No. 32. On August 3, 2017, pro se Petitioner filed his "2nd Response to Memorandum and Recommendation," 1 which the Court construes as objections to the M&R. Dkt. No. 33. The Court reviews objected-to portions of a Magistrate J
Summary: ORDER HILDA TAGLE , Senior District Judge . The Court is in receipt of Respondent's April 7, 2017, motion for summary judgment, Dkt. No. 30, and the July 10, 2017, Memorandum and Recommendations ("M&R") of the Magistrate Judge to whom this case was referred, Dkt. No. 32. On August 3, 2017, pro se Petitioner filed his "2nd Response to Memorandum and Recommendation," 1 which the Court construes as objections to the M&R. Dkt. No. 33. The Court reviews objected-to portions of a Magistrate Ju..
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ORDER
HILDA TAGLE, Senior District Judge.
The Court is in receipt of Respondent's April 7, 2017, motion for summary judgment, Dkt. No. 30, and the July 10, 2017, Memorandum and Recommendations ("M&R") of the Magistrate Judge to whom this case was referred, Dkt. No. 32. On August 3, 2017, pro se Petitioner filed his "2nd Response to Memorandum and Recommendation,"1 which the Court construes as objections to the M&R. Dkt. No. 33. The Court reviews objected-to portions of a Magistrate Judge's proposed findings and recommendations de novo. 28 U.S.C. § 636(b)(1). Plaintiff's objections are frivolous, conclusory, general, or contain no arguments that the M&R has not already considered. See Dkt. No. 33; see also Battle v. United States Parole Comm'n, 834 F.2d 419 (5th Cir. 1987) (determining that a district court need not consider frivolous, conclusive, or general objections). After independently reviewing the record and considering the applicable law, the Court adopts the proposed M&R in its entirety. Dkt. No. 32. Thus, the Court OVERRULES Plaintiff's objections.
The Court hereby:
• GRANTS Respondent's motion for summary judgment, Dkt. No. 30;
• DISMISSES WITH PREJUDICE this action; and
• DENIES Petitioner a Certificate of Appealability.
The Court will order entry of Final Judgment separately.
