Rubio-Lopez v. Upton

Filing 5

MEMORANDUM ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION that the petition be denied. Signed by Judge Marcia A. Crone on 10/27/10. (mrp, )

-KFG Rubio-Lopez v. Upton

Doc. 5

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF TEXAS

VICTOR RUBIO-LOPEZ, Petitioner, versus JODY UPTON, Respondent.

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CIVIL ACTION NO. 1:10-CV-169

MEMORANDUM ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION Petitioner Victor Rubio-Lopez, an inmate confined within the Bureau of Prisons, 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 denied. 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.

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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 denying .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

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