Ybanez v. Guerrero

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Case 6:25-cv-00078 Documenti16- Filed 04/22/26 in TXSD Page1of2
United States District Court

Southem District of Texas
ENTERED
Apni 23, 2026
UNITED STATES DISTRICT COURT heen Osienee Cen
SOUTHERN DISTRICT OF TEXAS
VICTORIA DIVISION
RUBEN ANTONIO YBANEZ, §
§
Petitioner, §
§
V. § CIVIL ACTION NO. 6:25-CV-00078
§
ERIC GUERREGO, §
§
Respondent. §

ORDER ADOPTING MEMORANDUM & RECOMMENDATION

Before the Court is Magistrate Judge Jason Libby’s Memorandum and Recommendation
(“M&R”). (D.E. 13). The M&R recommends that the Court grant Respondent’s motion for
summary judgment, dismiss this case, and deny Petitioner a certificate of appealability. Jd. at 1.

The parties were provided proper notice of, and the opportunity to object to, the Magistrate
Judge’s M&R. See 28 U.S.C. § 636(b)(1); FED. 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. Wilson, 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 its entirety. (D.E. 13). Accordingly, the Court
GRANTS Respondent’s motion for summary judgment, (D.E. 12), and DISMISSES Petitioner’s

§ 2254 petition. (D.E. 1). Further, the Court DENIES Petitioner a certificate of appealability. The

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AUTHENTICATED
U.S. GOVERNMENT
INFORMATION

GPO

Case 6:25-cv-00078 Document 16

Court will enter final judgment separately.

SO ORDERED.

Signed: Corpus Christi, Texas
April? 22026

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Filed 04/22/26 in TXSD ‘Page 2 of 2

DAVES. MORALES
UNITED STATES DISTRICT JUDGE