Shelton v. Upton et al

Filing 41

MEMORANDUM ORDER adopting 36 Report and Recommendation. Petitioner's 31 Motion for temporary restraining order is denied. Signed by Judge Ron Clark on 3/8/11. (tkd, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS BEAUMONT DIVISION MONTY SHELTON VS. JODY UPTON, ET AL. CIVIL ACTION NO. 1:09-CV-415 MEMORANDUM ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION Petitioner Monty Shelton, a federal prisoner, proceeding pro se, filed this petition for writ of habeas corpus pursuant to 28 U.S.C. 2241. The court ordered that this matter be referred 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 has submitted a Report and Recommendation of United States Magistrate Judge. The magistrate judge recommends denying petitioner's motion for a temporary restraining order. The court has received and considered the Report and Recommendation of United States Magistrate Judge filed pursuant to such order, along with the record and pleadings. 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. Petitioner's motion for a temporary restraining order (document no. 31) is DENIED. So ORDERED and SIGNED this 8 day of March, 2011. ___________________________________ Ron Clark, United States District Judge

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