D'Amario v. Fox

Filing 46

MEMORANDUM ORDER adopting the magistrate judge's 45 Report and Recommendation. Signed by Judge Thad Heartfield on 10/14/2010. (bjc, )

D'Amario v. Fox

Doc. 46

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS BEAUMONT DIVISION ARTHUR D'AMARIO, III VS. JOHN B. FOX § § § MEMORANDUM ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION Petitioner Arthur D'Amario, III, an inmate formerly confined at the Federal Correctional Complex in Beaumont, Texas, 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 Keith F. Giblin, United States Magistrate Judge, at Beaumont, Texas, for consideration pursuant to applicable laws and orders of this Court. The Magistrate Judge recommends that petitioner's motion to dismiss be granted and the abovestyled petition be dismissed without prejudice. The Court has received and considered the Report and Recommendation of United States Magistrate Judge filed pursuant to such referral, along with the record, pleadings and all available evidence. No objections to the Report and Recommendation of United States Magistrate Judge were filed by the parties. ORDER Accordingly, the findings of fact and conclusions of law of the Magistrate Judge are correct and the report of the Magistrate Judge is ADOPTED. A final judgment will be entered in this case in accordance with the Magistrate Judge's recommendations. CIVIL ACTION NO. 1:08cv621

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SIGNED this the 14 day of October, 2010.

____________________________ Thad Heartfield United States District Judge

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