Ramirez v. Upton

Filing 8

MEMORANDUM ORDER adopting 4 Report and Recommendation. Signed by Judge Ron Clark on 7/29/11. (tkd, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS BEAUMONT DIVISION RUBEN F. RAMIREZ § VS. § JODY UPTON § CIVIL ACTION NO. 1:10cv307 MEMORANDUM ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION Petitioner Ruben F. Ramirez, an inmate confined at the Federal Correctional Complex in Beaumont, Texas, proceeding pro se, brought this petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. The court 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 recommends the above-styled petition be dismissed without prejudice. The court has received and considered the Report and Recommendation of United States Magistrate Judge filed pursuant to such referral, along with the record and pleadings. No objections to the Report and Recommendation were filed by the parties. Further, a review of the attachments petitioner provided along with his letter motion for correction reveals petitioner has received credit for all time to which he is entitled. See 18 U.S.C. § 3585. Thus, the petition lacks merit and should be dismissed. 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 in this case in accordance with the Magistrate Judge's recommendations. So ORDERED and SIGNED this 29 day of July, 2011. ___________________________________ Ron Clark, United States District Judge 2

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