Opinion
3:22-cv-2078-K-BN
04-18-2023
ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
ED KINKEADE, UNITED STATES DISTRICT JUDGE
The United States Magistrate Judge made findings, conclusions, and a recommendation in this case (the FCR). An objection was filed by Petitioner. The District Court reviewed de novo those portions of the FCR to which objection was made and reviewed the remaining portions for plain error. Finding no error, the Court ACCEPTS the Findings, Conclusions, and Recommendation of the United States Magistrate Judge. The Court therefore DENIES WITHOUT PREJUDICE Petitioner Thomas C. Sosa, Jr.'s motion for summary judgment [Dkt. No. 31]. And the Court need not rule on a certificate of appealability as to this denial as it is not a final order in this proceeding. See 28 U.S.C. § 2253(c)(1)(A).
SO ORDERED,