Smith v. Thaler, No. 4:2009cv00164 - Document 36 (S.D. Tex. 2010)

Court Description: MEMORANDUM OPINION AND ORDER. Granting 25 MOTION for Summary Judgment With Brief in Support. This Petition for a Writ of Haveas Corpus by a Person in State Custody Doc # 1 is DISMISSED with prejudice. A Certificate of Appealability is Denied. All other motions are DENIED 21 MOTION for Leave to Appeal in forma pauperis, 32 MOTION for Discovery, 34 MOTION for New Trial, 35 MOTION for Summary Judgment. (Signed by Judge Sim Lake) Parties notified.(jegonzalez, )