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Huff v. Stephens

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS CORPUS CHRISTI DIVISION
Dec 3, 2015
CIVIL ACTION NO. 2:15-CV-00220 (S.D. Tex. Dec. 3, 2015)

Opinion

CIVIL ACTION NO. 2:15-CV-00220

12-03-2015

RICHARD HUFF, Petitioner, v. WILLIAM STEPHENS, Respondent.


ORDER ADOPTING MEMORANDUM AND RECOMMENDATION

On October 29, 2015, United States Magistrate Judge B. Janice Ellington issued her "Memorandum and Recommendation" (D.E. 12), recommending that this action be dismissed as time-barred. The parties were provided proper notice of, and opportunity to object to, the Magistrate Judge's Memorandum and Recommendation. FED. R. CIV. P. 72(b); 28 U.S.C. § 636(b)(1); General Order No. 2002-13. No objections have been filed.

When no timely objection to a magistrate judge's memorandum and recommendation is filed, the district court need only satisfy itself that there is no clear error on the face of the record and accept the magistrate judge's memorandum and recommendation. Guillory v. PPG Industries, Inc., 434 F.3d 303, 308 (5th Cir. 2005) (citing Douglass v. United Services Auto Ass'n, 79 F.3d 1415, 1420 (5th Cir. 1996)).

Having reviewed the findings of fact and conclusions of law set forth in the Magistrate Judge's Memorandum and Recommendation (D.E. 12), and all other relevant documents in the record, and finding no clear error, the Court ADOPTS as its own the findings and conclusions of the Magistrate Judge. Accordingly, the Respondent's Motion for Summary Judgment (D.E. 8) is GRANTED and this action is DISMISSED WITH PREJUDICE. In the event that Petitioner requests a Certificate of Appealability, that request is DENIED.

ORDERED this 3rd day of December, 2015.

/s/_________

NELVA GONZALES RAMOS

UNITED STATES DISTRICT JUDGE


Summaries of

Huff v. Stephens

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS CORPUS CHRISTI DIVISION
Dec 3, 2015
CIVIL ACTION NO. 2:15-CV-00220 (S.D. Tex. Dec. 3, 2015)
Case details for

Huff v. Stephens

Case Details

Full title:RICHARD HUFF, Petitioner, v. WILLIAM STEPHENS, Respondent.

Court:UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS CORPUS CHRISTI DIVISION

Date published: Dec 3, 2015

Citations

CIVIL ACTION NO. 2:15-CV-00220 (S.D. Tex. Dec. 3, 2015)