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Zavala v. Migel, 2:17-CV-285. (2019)

Court: District Court, S.D. Texas Number: infdco20190304a87 Visitors: 18
Filed: Mar. 01, 2019
Latest Update: Mar. 01, 2019
Summary: ORDER HILDA TAGLE , Senior District Judge . The Court is in receipt of Defendants' Motion for Summary Judgment, Dkt. No. 41; the Magistrate Judge's Memorandum and Recommendation ("M&R") to dismiss case, Dkt. No. 47; and Plaintiff's Objections to the M&R, Dkt. No. 49. After independently reviewing the filings, the record, and applicable law, the Court ADOPTS the M&R, Dkt. No. 47, in substance. 1 Accordingly, the Court GRANTS Defendants' Motion for Summary Judgment, Dkt. No. 41. This c
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ORDER

The Court is in receipt of Defendants' Motion for Summary Judgment, Dkt. No. 41; the Magistrate Judge's Memorandum and Recommendation ("M&R") to dismiss case, Dkt. No. 47; and Plaintiff's Objections to the M&R, Dkt. No. 49.

After independently reviewing the filings, the record, and applicable law, the Court ADOPTS the M&R, Dkt. No. 47, in substance.1 Accordingly, the Court GRANTS Defendants' Motion for Summary Judgment, Dkt. No. 41. This case is therefore DISMISSED WITH PREJUDICE. The Court DIRECTS the Clerk of the Court to close the case.

FootNotes


1. The Court declines to adopt the statements in Section V of the M&R that explicitly state or implicitly express the Magistrate Judge's recommendation that "[t]he competent summary judgment presented in this case demonstrates that Defendants did not violate Plaintiff's due process rights." See, e.g., Dkt. No. 47 at 12-14. Further, the Court declines to adopt the statement that "[t]he fact that Warden Martinez ordered the forfeiture of the funds sometime after the disciplinary hearing fails to suggest a due process violation." See id. at 15. The Court instead concludes that Plaintiff has submitted no summary judgment evidence which raises a genuine issue of fact regarding the violation of Plaintiff's due process rights.
Source:  Leagle

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