Smith v. Upton

Filing 12

MEMORANDUM ORDER adopting the magistrate judge's 9 Report and Recommendation. Signed by Judge Thad Heartfield on 7/29/2011. (bjc)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
BEAUMONT DIVISION
KENNETH RAY SMITH

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VS.

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JODY UPTON

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CIVIL ACTION NO. 1:10cv659

MEMORANDUM ORDER ADOPTING THE MAGISTRATE
JUDGE’S REPORT AND RECOMMENDATION
Kenneth Ray Smith, 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.
SIGNED this the 29 day of July, 2011.

____________________________
Thad Heartfield
United States District Judge