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DeLeon v. Davis, 2:19-CV-289. (2020)

Court: District Court, S.D. Texas Number: infdco20200318f71 Visitors: 16
Filed: Mar. 17, 2020
Latest Update: Mar. 17, 2020
Summary: ORDER ADOPTING MEMORANDUM AND RECOMMENDATION NELVA GONZALES RAMOS , District Judge . On January 27, 2020, United States Magistrate Judge Jason B. Libby issued his "Memorandum and Recommendation" (D.E. 15), recommending that the Court GRANT Respondent's Motion to Dismiss (D.E. 9) as time-barred. The parties were provided proper notice of, and opportunity to object to, the Magistrate Judge's Memorandum and Recommendation. FED. R. CIV. P. 72(b); 28 U.S.C. 636(b)(1); General Order No. 2002-1
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ORDER ADOPTING MEMORANDUM AND RECOMMENDATION

On January 27, 2020, United States Magistrate Judge Jason B. Libby issued his "Memorandum and Recommendation" (D.E. 15), recommending that the Court GRANT Respondent's Motion to Dismiss (D.E. 9) as time-barred. The parties were provided proper notice of, and opportunity to object to, the Magistrate Judge's Memorandum and Recommendation. FED. R. CIV. P. 72(b); 28 U.S.C. § 636(b)(1); General Order No. 2002-13. No objections have been timely filed. Instead, Petitioner filed a letter (D.E. 19) admitting that he was unable to generate any evidence to support his claims and suggesting that the Court not waste any additional judicial resources on this matter.

When no timely objection to a magistrate judge's memorandum and recommendation is filed, the district court need only satisfy itself that there is no clear error on the face of the record and accept the magistrate judge's memorandum and recommendation. Guillory v. PPG Industries, Inc., 434 F.3d 303, 308 (5th Cir. 2005) (citing Douglass v. United Services Auto Ass'n, 79 F.3d 1415, 1420 (5th Cir. 1996)).

Having reviewed the findings of fact and conclusions of law set forth in the Magistrate Judge's Memorandum and Recommendation (D.E. 15), and all other relevant documents in the record, and finding no clear error, the Court ADOPTS as its own the findings and conclusions of the Magistrate Judge. Accordingly, the Respondent's motion to dismiss (D.E. 9) is GRANTED and this action is DISMISSED as time-barred. In the event that Petitioner requests a Certificate of Appealability, that request is DENIED.

ORDERED.

Source:  Leagle

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