Lang v. State of Texas

Filing 17

MEMORANDUM ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION that petitioner's motion to dismiss be granted. Signed by Judge Marcia A. Crone on 1/9/13. (mrp, )

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UNITED STATES DISTRICT COURT DON LANG, Petitioner, versus DIRECTOR, TDCJ-CID, Respondent. EASTERN DISTRICT OF TEXAS § § § § § § § § § CIVIL ACTION NO. 1:11-CV-326 MEMORANDUM ORDER ADOPTING THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION Petitioner Don Lang, an inmate confined within the Texas Department of Criminal Justice, Correctional Institutions Division, proceeding pro se, filed the above-styled petition for writ of habeas corpus. The court previously 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. Petitioner has filed a motion asking that this case be voluntarily dismissed. The magistrate judge has submitted a Report and Recommendation of United States Magistrate Judge recommending the motion be granted and this petition dismissed pursuant to Federal Rule of Civil Procedure 41(a). The court has received the Report and Recommendation of United States Magistrate Judge, along with the record, pleadings, and all available evidence. No objections were filed to the magistrate judge’s Report and Recommendation. 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. Petitioner’s motion to dismiss is GRANTED. A final judgment will be entered dismissing this petition. . SIGNED at Beaumont, Texas, this 7th day of September, 2004. SIGNED at Sherman, Texas, this 9th day of January, 2013. ________________________________________ MARCIA A. CRONE UNITED STATES DISTRICT JUDGE 2

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