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, )

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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

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