Benavides v. Davis, B-18-cv-00202. (2019)
Court: District Court, S.D. Texas
Number: infdco20190411949
Visitors: 18
Filed: Mar. 19, 2019
Latest Update: Mar. 19, 2019
Summary: ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION ROLANDO OLVERA , District Judge . Before the Court is the "Magistrate Judge's Report and Recommendation" (hereafter "R&R") (Docket No. 8). Ernesto Benavides Jr. (hereafter "Petitioner") timely filed objections. See Docket No. 17. After a de novo review of the record, the Court ADOPTS the R&R in its entirety and DISMISSES the "Petition for Writ of Habeas Corpus by a Person in State Custody" (hereafter "Petition") (Docket No
Summary: ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION ROLANDO OLVERA , District Judge . Before the Court is the "Magistrate Judge's Report and Recommendation" (hereafter "R&R") (Docket No. 8). Ernesto Benavides Jr. (hereafter "Petitioner") timely filed objections. See Docket No. 17. After a de novo review of the record, the Court ADOPTS the R&R in its entirety and DISMISSES the "Petition for Writ of Habeas Corpus by a Person in State Custody" (hereafter "Petition") (Docket No...
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ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION
ROLANDO OLVERA, District Judge.
Before the Court is the "Magistrate Judge's Report and Recommendation" (hereafter "R&R") (Docket No. 8). Ernesto Benavides Jr. (hereafter "Petitioner") timely filed objections. See Docket No. 17. After a de novo review of the record, the Court ADOPTS the R&R in its entirety and DISMISSES the "Petition for Writ of Habeas Corpus by a Person in State Custody" (hereafter "Petition") (Docket No. 1), without prejudice and DECLINES to issue a certificate of appealability. Petitioner must first request authorization from the Fifth Circuit to file said Petition; upon receipt of said authorization, Petitioner may refile the Petition. Therefore, Petitioner's "Memorandum in Support of [Petition]" (Docket No. 2) and "Motion Requesting Leave to Proceed in Forma Pauperis" (Docket No. 3) are rendered MOOT. The Clerk is hereby ORDERED to close this case.
Source: Leagle
