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)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
BEAUMONT DIVISION
JEREMY LEE CONLIN

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VS.

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DIRECTOR, TDCJ-CID

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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