Conlin v. Director - Texas Department of Criminal Justice, Correctional Institutions Division et al

Filing 13

MEMORANDUM ORDER overruling objections and adopting the magistrate judge's 6 Report and Recommendation. Signed by Judge Thad Heartfield on 7/29/2011. (bjc)

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS BEAUMONT DIVISION JEREMY LEE CONLIN § VS. § DIRECTOR, TDCJ-CID § CIVIL ACTION NO. 1:10cv109 MEMORANDUM ORDER OVERRULING OBJECTIONS AND ADOPTING THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION Jeremy Lee Conlin, an inmate confined within the Texas Department of Criminal Justice, Correctional Institutions Division, proceeding pro se, filed the above-styled petition for writ of habeas corpus. The court previously referred this matter to the Honorable Earl S. Hines, United States Magistrate Judge, at Beaumont, Texas, for consideration pursuant to applicable 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. The court has received and considered the Report and Recommendation of United States Magistrate Judge, along with the records, pleadings and all available evidence. Petitioner filed objections to the Report and Recommendation. The court has conducted a de novo review of the objections. After careful consideration, the court concludes the objections are without merit. As petitioner challenges the conditions of his confinement, rather than the fact or duration of his confinement, he may not pursue his claims in a petition for writ of habeas corpus. If petitioner were to prevail on his claims, he might be entitled to money damages or injunctive relief. He would not, however, be entitled to be released from confinement. 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 shall be entered dismissing the petition. SIGNED this the 29 day of July, 2011. ____________________________ Thad Heartfield United States District Judge

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?