Opinion
CIVIL NO. 2:16-CV-320
07-24-2017
HORACE DEMAR, Petitioner, v. LORIE DAVIS, Respondent.
ORDER
Petitioner Horace Demar, an inmate in the Texas Department of Criminal Justice - Correctional Institutions Division currently incarcerated at the McConnell Unit in Beeville, Texas, has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 alleging that his right to due process was violated in a prison disciplinary hearing which resulted in the imposition of punishment. Dkt. No. 1. The Court has before it Respondent's motion for summary judgment, Dkt. No. 14, and the Memorandum and Recommendations of the magistrate judge to whom this case was referred pursuant to 28 U.S.C. § 636(b), Dkt. No. 15 ("M&R"). The deadline to file objections to the magistrate judge's proposed findings and recommendations has passed, and the docket sheet shows that no objections have been filed. See 28 U.S.C. § 636(b)(1) (setting 14-day deadline to file objections); Fed. R. Civ. P. 72(b)(2) (same); see also M&R at 10 (advising parties of 14-day deadline).
Petitioner did not respond to this motion. --------
After independently reviewing the record and considering the applicable law, the Court adopts the magistrate judge's proposed findings and recommendations; GRANTS Respondent's motion for summary judgment, Dkt. No. 14; DISMISSES the petition for a writ of habeas corpus, Dkt. No. 1; and DENIES Petitioner a certificate of appealability. The Clerk shall close this case after entering the accompanying judgment.
SIGNED this 24th day of July, 2017.
/s/_________
Hilda Tagle
Senior United States District Judge