Marlin v. Bureau of Prisons
ORDER overruling objections and adopting 4 Report and Recommendation. Signed by Judge Ron Clark on 8/30/13. (tkd, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
MICHAEL DUANE MARLIN
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
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.
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
So ORDERED and SIGNED on August ____, 2013.
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