Opinion
Civil Action 2:18-CV-00289
03-22-2022
ANDREW JOSEPH STUBBS, Petitioner, v. LORIE DAVIS and BOBBY LUMPKIN, Respondents.
ORDER ACCEPTING MEMORANDUM AND RECOMMENDATION
DREW B. TIPTON UNITED STATES DISTRICT JUDGE
Pending before the Court is the March 7, 2022 Memorandum and Recommendation (“M&R”) of Magistrate Judge Jason B. Libby. (Dkt. No. 66). Magistrate Judge Libby recommends the Court grant Respondents Davis and Lumpkin's Motion for Summary Judgment, (Dkt. No. 20), and dismiss Petitioner Stubbs's habeas petition, (Dkt. No. 1). Magistrate Judge Libby also recommends denying a certificate of appealability.
The Parties were provided notice and the opportunity to object. See 28 U.S.C. § 636(b)(1). No. objections were filed, so review is for plain error. Guillory v. PPG Indus., Inc., 434 F.3d 303, 308 (5th Cir. 2005). And none appears. The Court ACCEPTS the M&R as the Court's Memorandum Opinion and Order. The Court GRANTS the Motion for Summary Judgment and DISMISSES WITH PREJUDICE Stubbs's habeas petition. (Dkt. No. 1). The Court DENIES a certificate of appealability.
It is SO ORDERED.