Dubose v. Upton

Filing 11

MEMORANDUM ORDER ADOPTING REPORT AND RECOMMENDATIONS RE 8 Motion for Summary Judgment filed by Jody R Upton. It is ordered that respondent's motion for summary judgment is granted. Signed by Judge Ron Clark on 3/30/11. (pkb, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS BEAUMONT DIVISION THOMAS M. DUBOSE VS. JODY R. UPTON CIVIL ACTION NO. 1:10cv523 MEMORANDUM ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION Thomas M. Dubose, proceeding pro se, filed the above-styled 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, for consideration pursuant to applicable orders of this court. The respondent filed a motion for summary judgment. The Magistrate Judge has submitted a Report and Recommendation of United States Magistrate Judge recommending the motion for summary judgment be granted. The court has received and considered the Report and Recommendation of United States Magistrate Judge, along with the record and pleadings. No objections to the Report and Recommendation 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 respondent's motion for summary judgment is GRANTED. A final judgment shall be entered dismissing the petition. So ORDERED and SIGNED this 30 day of March, 2011. ___________________________________ Ron Clark, United States District Judge

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