Marlin v. Bureau of Prisons

Filing 8

ORDER overruling objections and adopting 4 Report and Recommendation. Signed by Judge Ron Clark on 8/30/13. (tkd, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS BEAUMONT DIVISION MICHAEL DUANE MARLIN § VS. § BUREAU OF PRISONS § CIVIL ACTION NO. 1:10cv481 ORDER OVERRULING OBJECTIONS AND ADOPTING THE REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE Petitioner Michael Duane Marlin, formerly an inmate confined within the Bureau of Prisons, proceeding pro se, filed the above-styled petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. The Court previously referred this matter to the Honorable Zack Hawthorn, United States Magistrate Judge, at Beaumont, Texas, for consideration pursuant to 28 U.S.C. § 636 and applicable orders of this court. The Magistrate Judge has submitted a Report and Recommendation of United States Magistrate Judge concerning this matter. The Magistrate Judge recommends that this petition for writ of habeas corpus be dismissed without prejudice as moot. 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 in relation to the pleadings and the applicable law. After careful consideration, the Court is of the opinion petitioner’s objections are without merit. As petitioner has been released from prison, his petition no longer presents a justiciable controversy. 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 will be entered in accordance with the recommendation of the Magistrate Judge. 30 So ORDERED and SIGNED on August ____, 2013.

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