Kopatz v. Director TDCJ-CID, 2:18-CV-232. (2019)
Court: District Court, S.D. Texas
Number: infdco20190610f84
Visitors: 4
Filed: Jun. 07, 2019
Latest Update: Jun. 07, 2019
Summary: ORDER HILDA TAGLE , Senior District Judge . The Court is in receipt of Respondent Lorie Davis' ("Davis") Answer with Brief in Support requesting dismissal due to Plaintiff's claims being time-barred, Dkt. No. 34; Plaintiff Brian Kopatz's ("Kopatz") response to the motion to dismiss, Dkt. No. 66; the Magistrate Judge's Memorandum and Recommendation ("M&R"), Dkt. No. 69; and Plaintiff's objections to the M&R, Dkt. Nos. 70, 71, 72 and 73. After independently reviewing the record and applicab
Summary: ORDER HILDA TAGLE , Senior District Judge . The Court is in receipt of Respondent Lorie Davis' ("Davis") Answer with Brief in Support requesting dismissal due to Plaintiff's claims being time-barred, Dkt. No. 34; Plaintiff Brian Kopatz's ("Kopatz") response to the motion to dismiss, Dkt. No. 66; the Magistrate Judge's Memorandum and Recommendation ("M&R"), Dkt. No. 69; and Plaintiff's objections to the M&R, Dkt. Nos. 70, 71, 72 and 73. After independently reviewing the record and applicabl..
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ORDER
HILDA TAGLE, Senior District Judge.
The Court is in receipt of Respondent Lorie Davis' ("Davis") Answer with Brief in Support requesting dismissal due to Plaintiff's claims being time-barred, Dkt. No. 34; Plaintiff Brian Kopatz's ("Kopatz") response to the motion to dismiss, Dkt. No. 66; the Magistrate Judge's Memorandum and Recommendation ("M&R"), Dkt. No. 69; and Plaintiff's objections to the M&R, Dkt. Nos. 70, 71, 72 and 73.
After independently reviewing the record and applicable law, the Court ADOPTS the M&R, Dkt. No. 69,1 and DENIES Respondent's motion to dismiss as time-barred, Dkt. No. 34. The Court DISMISSES the above-captioned case WITHOUT PREJUDICE because Kopatz's claims are still pending at the Texas Court of Criminal Appeals and are thus unexhausted.2 The Court DENIES Petitioner a Certificate of Appealability.
Final judgment will be entered separately.
FootNotes
1. Magistrate Judge Janice Ellington recommends that a number of motions filed by Petitioner be administratively terminated. Dkt. No. 68. The Court hereby DIRECTS the Clerk of Court to administratively terminate the following motions: motion for a bench warrant, Dkt. No. 63; motion to obtain "Exhibit N", Dkt. No. 65; a second motion for a bench warrant, Dkt. No. 66; motion for discovery and an evidentiary hearing, Dkt. No. 67; and a motion for a preliminary injunction, Dkt. No. 68.
2. The Texas Court of Criminal Appeals has not ruled on any of Petitioner's pending applications. See http://search.txcourts.gov/Case.aspx?cn=WR-87,997-02&coa=coscca (last viewed June 6, 2019).
Source: Leagle
