Steward v. Upton

Filing 21

MEMORANDUM ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION that this petition be dismissed without prejudice pursuant to FRCP 41(b). Signed by Judge Marcia A. Crone on 10/27/10. (mrp, )

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Steward v. Upton Doc. 21 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS SHELLEY EDWARD STEWARD, Petitioner, versus JODY R. UPTON, Respondent. CIVIL ACTION NO. 1:09-CV-190 MEMORANDUM ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION Petitioner Shelley Edward Steward, proceeding pro se, filed this petition for writ of habeas corpus pursuant to 28 U.S.C. 2241. The court previously 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 has submitted a Report and Recommendation of United States Magistrate Judge concerning the petition. The magistrate judge recommends the petition be dismissed without prejudice pursuant to Federal Rule of Civil Procedure 41(b). The court has received the Report and Recommendation of United States Magistrate Judge, along with the record, pleadings, and all available evidence. No objections were filed to the magistrate judge's Report and Recommendation. Dockets.Justia.com 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 dismissing the petition. . SIGNED at Beaumont, Texas, this 7th day of September, 2004. SIGNED at Beaumont, Texas, this 27th day of October, 2010. ________________________________________ MARCIA A. CRONE UNITED STATES DISTRICT JUDGE 2

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