Clayton v. Fox

Filing 5

MEMORANDUM ORDER adopting 3 Report and Recommendation. The Clerk is directed to apply the filing fee paid in this action to civil action number 1:10cv456 styled Clayton v. Fox. Signed by Judge Ron Clark on 9/28/10. (tkd, )

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS BEAUMONT DIVISION CHARLES T. CLAYTON VS. WARDEN FOX § § § MEMORANDUM ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION Petitioner Charles T. Clayton, an inmate 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 Earl S. Hines, United States Magistrate Judge, at Beaumont, Texas, for consideration pursuant to applicable laws and orders of this court. The magistrate judge recommends that the 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 the 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. The Clerk of Court is DIRECTED to apply the filing fee paid in this action to civil action number 1:10cv456, styled Clayton v. Fox. A final judgment will be entered in this case in accordance with the magistrate judge's recommendations. CIVIL ACTION NO. 1:10cv464

So ORDERED and SIGNED this 28 day of September, 2010.

___________________________________ Ron Clark, United States District Judge