Opinion
Civil Action No. 1:16-cv-060
09-06-2016
JOSE ANGEL BANDA, Petitioner, v. LORIE DAVIS, Director, Texas Department of Criminal Justice, Respondent.
ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION
Before the Court is the Magistrate Judge's Report and Recommendation in the above-referenced cause of action. No objections have been filed. After a de novo review of the file, the Magistrate Judge's Report and Recommendation is ADOPTED. It is therefore, ORDERED, ADJUDGED, and DECREED that Banda's § 2254 Petition for Writ of Habeas Corpus (Docket No. 1) is DISMISSED as time-barred by the Antiterrorism and Effective Death Penalty Act's one-year statute of limitations. Accordingly, Respondent's Motion for Summary Judgment (Docket No. 11) is DISMISSED as moot. A certificate of appealability shall not issue.
Signed on this 6th day of September, 2016.
/s/_________
Rolando Olvera
United States District Judge