Cantu v. Warden, SCP Three Rivers

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
CORPUS CHRISTI DIVISION
HOMERO REY CANTU, 	§
§
§
§
§
§
§
§
§
Petitioner,
V. 	CIVIL ACTION NO. 2:25-CV-00070
WARDEN SCP THREE RIVERS ,
Respondent.
ORDER ADOPTING MEMORANDUM & RECOMMENDATION
Before the Court is Magistrate Judge Jason Libby ' s Memorandum and Recommendation
("M&R"). (D.E. 17). The M&R recommends that the Court grant Respondent's motion for
summary judgment, (D.E. 14), and either dismiss Petitioner' s petition as moot, or dismiss the
petition because Petitioner has failed to exhaust administrative remedies. (D.E. 17 , p. 2).
The parties were provided proper notice of, and the opportunity to object to , the Magistrate
Judge' s M&R. S ee 28 U.S.C. § 636(b)(l); F ED. R. Civ. P. 72(b); General Order No. 2002-13 . No
objection has been filed . When no timely objection has been filed, the district court need only
determine whether the Magistrate Judge ' s M&R is clearly erroneous or contrary to law. United
States v. Wil son, 864 F.2d 1219, 1221 (5th Cir. 1989) (per curiam); Powell v. Litton Loan
Servicing, L.P., No. 4:14-CV-02700, 2015 WL 3823141 , at *1 (S.D. Tex. June 18 , 2015) (Harmon,
J.) (citation omitted).
Having reviewed the proposed findings and conclusions of the Magistrate Judge, the filings
of the parties, the record, and the applicable law, and finding that the M&R is not clearly erroneous
or contrary to law, the Court ADOPTS the M&R in part. (D.E. 17). Accordingly, the Court
GRANTS Respondent's motion for summary judgment, (D.E. 14), and DISMISSES as moot the
1/2
United States District Court
Southern District of Texas
ENTERED
March 03, 2026
Nathan Ochsner, Clerk
Case 2:25-cv-00070 Document 20 Filed 03/03/26 in TXSD Page 1 of 2

SO ORDERED.
Signed: Corpus C~ 	ti, Texas
March ~ 	, 2026
2 / 2
!STRICT JUDGE
Case 2:25-cv-00070 Document 20 Filed 03/03/26 in TXSD Page 2 of 2