Garten v. Federal Bureau Of Prisons

Filing 20

MEMORANDUM OPINION - Having reviewed the materials in the record, the Court accepts the magistrate judge's recommendation. By separate order, the Court will dismiss this habeas petition with prejudice. Signed by Judge Madeline Hughes Haikala on 2/24/2020. (KEK)

FILED
2020 Feb-24 AM 10:26
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ALABAMA
WESTERN DIVISION
KATHRYN G. GARTEN,
Petitioner,
v.
FEDERAL BUREAU OF PRISONS,
Respondent.

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Case No.: 7:17-cv-01584-MHH-HNJ

MEMORANDUM OPINION
This is an action for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. (Doc. 1).
Ms. Garten challenges an August 12, 2016, disciplinary action at FCC Coleman Camp. On
January 29, 2020, the magistrate judge to whom the case was referred entered a report in
which he recommended that this petition be dismissed with prejudice. (Doc. 19). Neither
party has objected to the report and recommendation.
A district court “may accept, reject, or modify, in whole or part, the findings or
recommendations made by the magistrate judge.” 28 U.S.C. § 636(b)(1)(C). A district
court reviews legal conclusions in a report de novo and reviews for plain error factual
findings to which no objection is made. Garvey v. Vaughn, 993 F.2d 776, 779 n. 9 (11th
Cir. 1993); see also LoConte v. Dugger, 847 F.2d 745, 749 (11th Cir. 1988); Macort v.
Prem, Inc., 208 Fed. Appx. 781, 784 (11th Cir. 2006).

Having reviewed the materials in the record, the Court accepts the magistrate
judge’s recommendation. By separate order, the Court will dismiss this habeas
petition with prejudice.
DONE this 24th day of February, 2020.

_________________________________
MADELINE HUGHES HAIKALA
UNITED STATES DISTRICT JUDGE

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