Duran v. Davis, No. 1:2018cv00099 - Document 48 (S.D. Tex. 2019)
Court Description: OPINION AND ORDER ADOPTING REPORT AND RECOMMENDATIONS re: 44 Report and Recommendations. Accordingly, it is: ORDERED that Respondent Lorie Davis's Motion for Summary Judgment with Brief in Support is GRANTED; ORDERED that Petitioner Francisco Duran, Jr.'s Petition for Writ of Habeas Corpus is DISMISSED; and ORDERED that a Certificate of Appealability is DENIED. The Clerk is directed to close this case.(Signed by Judge Fernando Rodriguez, Jr) Parties notified.(EdnitaPonce, 1) Modified on 6/18/2019 (EdnitaPonce, 1).
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Duran v. Davis Doc. 48 United States District Court Southern District of Texas ENTERED UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS BROWNSVILLE DIVISION FRANCISCO DURAN JR., VS. § § § § § § § § Petitioner, LORIE DAVIS, Respondent. June 18, 2019 David J. Bradley, Clerk CIVIL ACTION NO. 1:18-CV-99 OPINION AND ORDER On May 2, 2019, Petitioner Francisco Duran, Jr. signed a Petition for Writ of Habeas Corpus based no 28 U.S.C. §§ 2254 and 2254. He placed the Petition in the prison mail system the following day. Respondent filed for summary judgment (Doc. 29), and the Magistrate Judge has issued a Report and Recommendation (Doc. 44) recommending dismissal of Duran’s action as time barred. Duran filed timely objections. (Doc. 47) Having considered the Motion for Summary Judgment, the record in this matter, and the applicable law, the Court finds the Motion well taken. In his objections, Duran does not raise arguments that he did not make in his response to the Motion for Summary Judgment. The Magistrate Judge considered those arguments and correctly rejected them as untenable. In addition, the Court agrees with the Report and Recommendation that a certificate of appealability should not issue because Duran has not made a substantial showing of the denial of a constitutional right. Accordingly, it is: ORDERED that that Report and Recommendation is ADOPTED; ORDERED that Respondent Lorie Davis’s Motion for Summary Judgment with Brief in Support is GRANTED; ORDERED that Petitioner Francisco Duran, Jr.’s Petition for Writ of Habeas Corpus is DISMISSED; and 1/2 Dockets.Justia.com ORDERED that a Certificate of Appealability is DENIED. The Clerk is directed to close this case. SIGNED this 18th day of June, 2019. _________________________________ Fernando Rodriguez, Jr. United States District Judge 2/2
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