Garcia-Parra v. Administracion de Correccion et al
||Administracion de Correccion, Departamento de Justicia, Roberto Del-Valle-Navarro and Alexander Rodriguez-Madera
||February 19, 2013
||Puerto Rico District Court
||San Juan Office
||Francisco A. Besosa
|Nature of Suit:
||Habeas Corpus (General)
|Cause of Action:
||28:2254 Petition for Writ of Habeas Corpus (State)
|Jury Demanded By:
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|Date Filed||#||Document Text|
|March 16, 2015
MEMORANDUM AND ORDER re 37 Motion to Dismiss for Failure to State a Claim; re 46 Report and Recommendation; and re 47 Report and Recommendation. the Court ADOPTS both of the magistrate judge's reports and recommendations. (Docket Nos. 46 -47.) The Court GRANTS PR-DOJ's motion to dismiss, (Docket No. 37), for failure to state a claim and DISMISSES the claims against PR-AOC, Del Valle and Rodriguez for lack of diligent prosecution. Garcia's section 2254 habeas corpus petition, (Docket No. 2), is therefore DISMISSED. This case is DISMISSED, with prejudice. Judgment shall be entered accordingly. The Court declines to issue a COA. Additionally, the Court DENIES Garcia's request for leave to amend his habeas corpus petition and GRANTS Garcia's attorney's motion to withdraw. Signed by Judge Francisco A. Besosa on 03/16/2015. (brc)
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