Garibay v. Lumpkin

Opinion

UNITED STATES DISTRICT COURT October 22, 2021 SOUTHERN DISTRICT OF TEXAS Nathan Ochsner, Clerk CORPUS CHRISTI DIVISION

RICHARD GARIBAY, § § Petitioner, § VS. § CIVIL ACTION NO. 2:21-CV-115 § BOBBY LUMPKIN, § § Respondent. §

ORDER ADOPTING MEMORANDUM AND RECOMMENDATION

On September 22, 2021, United States Magistrate Judge Jason B. Libby issued his “Memorandum and Recommendation” (M&R, D.E. 15), recommending that this petition for writ of habeas corpus be dismissed as time-barred and unexhausted. The parties were provided proper notice of, and opportunity to object to, the Magistrate Judge’s M&R. Fed. R. Civ. P. 72(b); 28 U.S.C. § 636(b)(1); General Order No. 2002-13. No objections have been timely filed. When no timely objection to a magistrate judge’s M&R 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 M&R. 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 M&R (D.E. 15), 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, Respondent’s Motion for Summary Judgment (D.E. 14) is GRANTED and this action is DISMISSED as time-barred and unexhausted. In the event that Petitioner requests a Certificate of Appealability, that request is DENIED. ORDERED this 22nd day of October, 2021. Jb GONZALER RAMOS UNITED STATES DISTRICT JUDGE

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