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, )

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UNITED STATES DISTRICT COURT MONTY SHELTON, EASTERN DISTRICT OF TEXAS § § § § § § § § § Petitioner, versus JODY UPTON, Respondent. CIVIL ACTION NO. 1:08-CV-677 Consolidated With MONTY SHELTON, Petitioner, versus JODY UPTON, Respondent. § § § § § § § § § 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 . judge’s recommendation. SIGNED at Beaumont, Texas, this 7th day of September, 2004. SIGNED at Sherman, Texas, this 10th day of September, 2012. ________________________________________ MARCIA A. CRONE UNITED STATES DISTRICT JUDGE 2

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