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Garcia v. Davis, 2:17-CV-245. (2018)

Court: District Court, S.D. Texas Number: infdco20180314g40 Visitors: 16
Filed: Mar. 13, 2018
Latest Update: Mar. 13, 2018
Summary: ORDER HILDA TAGLE , Senior District Judge . The Court has before it Respondent's Motion for Summary Judgment (Dkt. No. 27), The Memorandum and Recommendation ("M&R") of the Magistrate to whom this case was referred (Dkt. No. 29), and Petitioner's response to the summary-judgment motion (Dkt. No. 31). 1 After independently reviewing the record and applicable law, the Court ADOPTS the M&R (Dkt. No. 29). The Court GRANTS Respondent's Motion for Summary Judgment (Dkt. No. 27), DISMISSES
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ORDER

The Court has before it Respondent's Motion for Summary Judgment (Dkt. No. 27), The Memorandum and Recommendation ("M&R") of the Magistrate to whom this case was referred (Dkt. No. 29), and Petitioner's response to the summary-judgment motion (Dkt. No. 31).1

After independently reviewing the record and applicable law, the Court ADOPTS the M&R (Dkt. No. 29). The Court GRANTS Respondent's Motion for Summary Judgment (Dkt. No. 27), DISMISSES the above-captioned case, and DENIES Petitioner a Certificate of Appealability. Final Judgment will be entered separately. See FED. R. CIV. P. 58.

FootNotes


1. Although Petitioner's "Responce [sic] to Respondents [sic] Motion for Summary Judgment" is untimely as a response to Respondent's summary-judgment motion, this Court construes the filing as a timely objection to the M&R and has reviewed it.
Source:  Leagle

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