Shelton v. Upton, et al
Filing
26
MEMORANDUM ORDER OVERRULING PETITIONER'S OBJECTIONS AND ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION that the respondent's motion to dismiss should be granted. Signed by Judge Marcia A. Crone on 9/10/12. (mrp, )
UNITED STATES DISTRICT COURT
MONTY SHELTON,
EASTERN DISTRICT OF TEXAS
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Petitioner,
versus
JODY UPTON,
Respondent.
CIVIL ACTION NO. 1:08-CV-677
Consolidated With
MONTY SHELTON,
Petitioner,
versus
JODY UPTON,
Respondent.
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CIVIL ACTION NO. 1:09-CV-415
MEMORANDUM ORDER OVERRULING PETITIONER’S OBJECTIONS AND
ADOPTING THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Petitioner Monty Shelton, an inmate formerly confined at the Federal Correctional
Complex in Beaumont, Texas, proceeding pro se, brought these consolidated petitions for writ of
habeas corpus pursuant to 28 U.S.C. § 2241.
The court referred these matters 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 the respondent’s motion to dismiss should be granted, and
the above-styled petitions should be dismissed.
The court has received and considered the Report and Recommendation of United States
Magistrate Judge, along with the record, pleadings and all available evidence. Petitioner filed
objections to the magistrate judge’s Report and Recommendation. This requires 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.
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. A final judgment will be entered in this case in accordance with the magistrate
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judge’s recommendation.
SIGNED at Beaumont, Texas, this 7th day of September, 2004.
SIGNED at Sherman, Texas, this 10th day of September, 2012.
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MARCIA A. CRONE
UNITED STATES DISTRICT JUDGE
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