Opinion
Civil Action 2:20-CV-00312
01-26-2022
RUBEN GONZALES, Petitioner, v. BOBBY LUMPKIN, Respondent.
ORDER ADOPTING MEMORANDUM AND RECOMMENDATION
DAVID S. MORALES UNITED STATES DISTRICT JUDGE
Before the Court is Magistrate Judge Julie K. Hampton's Memorandum and Recommendation (M&R). (D.E. 29). The M&R recommends that Respondent's motion for summary judgment (D.E. 15) be granted, Gonzales's motion for summary judgment (D.E. 23) be denied, and Gonzales's habeas corpus petition be dismissed in part and denied in part. The M&R further recommends that a Certificate of Appealability be denied.
The parties were provided proper notice of, and the opportunity to object to, the Magistrate Judge's M&R. See 28 U.S.C. § 636(b)(1); Fed.R.Civ.P. 72(b); General Order No. 2002-13. Plaintiff filed "Written Objections and Motion for Leave F.C.R." (D.E. 34). The Court construes the motion portion of Plaintiffs document as objections to the Memorandum and Recommendation (M&R) (D.E. 35). Having carefully reviewed the proposed findings and conclusions of the M&R, the record, the applicable law, and having made a de novo review of the portions of the M&R to which Plaintiffs objections were directed, the court OVERRULES Plaintiffs objections. (D.E. 34).
Accordingly, the Court ORDERS the following:
(1) The Court ADOPTS the M&R in its entirety. (D.E. 29).
(2) The Court GRANTS Respondent's motion for summary judgment. (D.E. 15).
(3) The Court DENIES Plaintiffs motion for summary judgment. (D.E. 23).
(4) The Court DISMISSES Plaintiffs claims that were raised in documents attached to the § 2254 petition as unexhausted and procedurally barred.
(5) In all other respects, the Court DENIES Plaintiffs § 2254 petition.
(6) Further, the Court DENIES a Certificate of Appealability.A final judgment will be entered separately following this order.
SO ORDERED