Overshown v. Upton

Filing 17

MEMORANDUM ORDER OVERRULING OBJECTIONS AND ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION that respondent's motion for summary judgment be granted. Signed by Judge Marcia A. Crone on 9/12/11. (mrp, )

UNITED STATES DISTRICT COURT

BRANDON OVERSHOWN,
Petitioner,
versus
JODY R. UPTON,
Respondent.

EASTERN DISTRICT OF TEXAS

§
§
§
§
§
§
§
§
§

CIVIL ACTION NO. 1:10-CV-770

MEMORANDUM ORDER OVERRULING OBJECTIONS AND ADOPTING
THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Petitioner, Brandon Overshown, an inmate confined at the Federal Correctional Institution
in Beaumont, Texas, proceeding pro se, filed this petition for writ of habeas corpus pursuant to
28 U.S.C. § 2241.
The court referred this matter to the Honorable Zack Hawthorn, United States Magistrate
Judge, at Beaumont, Texas, for consideration pursuant to applicable laws and orders of this court.
The magistrate judge recommends respondent’s motion for summary judgment be granted.1
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 pleadings. Petitioner
filed objections to the magistrate judge’s Report and Recommendation. This requires a de novo
review of the objections in relation to the pleadings and applicable law. FED . R. CIV . P. 72(b).
After careful consideration, the court finds petitioner’s objections lacking in merit. As the
magistrate judge correctly concluded, there is no genuine dispute of material fact as to whether
petitioner exhausted his administrative remedies.
1

This matter was originally referred to the Honorable Earl S. Hines but was reassigned to the Honorable Zack
Hawthorn on August 4, 2011.

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 this case in accordance with the magistrate

.
judge’s recommendation.
SIGNED at Beaumont, Texas, this 7th day of September, 2004.
SIGNED at Beaumont, Texas, this 12th day of September, 2011.

________________________________________
MARCIA A. CRONE
UNITED STATES DISTRICT JUDGE

2