Lafrienza v. Folley, No. 3:2017cv00140 - Document 18 (W.D. Tex. 2017)

Court Description: MEMORANDUM OPINION AND ORDER. IT IS ORDERED that because the Court construes the Respondent's Motion for Summary Judgment as an Answer, the Clerk of the Court shall terminate the pleading's status as a motion. IT IS FURTHER ORDERED that Pet itioner Ernesto Lafrienza's pro se "Petition for Writ of Habeas Corpus by a Person in State Custody" is DENIED and his civil case is DISMISSED WITH PREJUDICE. IT IS ALSO ORDERED that a certificate of appealability is DENIED. IT IS ADDITIONALLY ORDERED that all pending motions are DENIED AS MOOT. IT IS FINALLY ORDERED that the District Clerk shall CLOSE this case.. Signed by Judge Philip R. Martinez. (dt)