Taylor v. United States of America

Filing 19

MEMORANDUM ORDER overruling petitioner's objections and adopting the magistrate judge's 17 Report and Recommendation. Ordered that the respondent's 12 Motion for Summary Judgment is granted. Signed by Judge Thad Heartfield on 9/26/08. (bjc, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS BEAUMONT DIVISION BRUCE ALLEN TAYLOR VS. UNITED STATES OF AMERICA CIVIL ACTION NO. 1:07cv347 MEMORANDUM ORDER OVERRULING PETITIONER'S OBJECTIONS AND ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION Petitioner Bruce Allen Taylor, an inmate confined at the Federal Correctional Complex, proceeding pro se, brought this petition for writ of habeas corpus pursuant to 28 U.S.C. 2241. The court referred this matter to the Honorable Earl S. Hines, United States Magistrate Judge, at Beaumont, Texas, for consideration pursuant to applicable laws and orders of this court. The Magistrate Judge recommends that the respondent's motion for summary judgment be granted. The court has received and considered the Report and Recommendation of United States Magistrate Judge filed pursuant to such order, along with the record, pleadings and all available evidence. Petitioner filed objections to the magistrate judge's Report and Recommendation. The court has conducted a de novo review of the objections in relation to the pleadings and the applicable law. See FED. R. CIV. P. 72(b). After careful consideration, the court concludes petitioner's objections are without merit and should be overruled. Petitioner has failed to put forth competent summary judgment evidence indicating he followed the proper procedure when submitting his grievances. ORDER Accordingly, petitioner's objections are OVERRULED. The findings of fact and conclusions of law of the magistrate judge are correct and the report of the magistrate judge is ADOPTED. It is therefore ORDERED that the respondent's motion for summary judgment is GRANTED. A final judgment will be entered in this case in accordance with the magistrate judge's recommendations. SIGNED this the 26 day of September, 2008. ____________________________ Thad Heartfield United States District Judge 2

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