Uribe v. Fox

Filing 16

ORDER adopting 14 Report and Recommendation and denying 11 Motion for Summary Judgment. Respondent is ordered to file a supplemental answer within 30 days addressing the merits of petitioner's claim. Signed by Judge Ron Clark on 9/10/12. (tkd, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
BEAUMONT DIVISION
JUAN URIBE

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VS.

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JOHN B. FOX

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CIVIL ACTION NO. 1:11-CV-413

ORDER ADOPTING THE MAGISTRATE
JUDGE’S REPORT AND RECOMMENDATION
Petitioner, Juan Uribe, a federal prisoner currently confined at FCC Beaumont,
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 Keith Giblin, United States Magistrate
Judge, at Beaumont, Texas, for consideration pursuant to applicable laws and orders of this
Court. The Magistrate Judge recommends defendant’s motion for summary judgment for failure
to exhaust administrative remedies prior to filing the present application for writ of habeas
corpus be denied.
The Court has received and considered the Report and Recommendation of United States
Magistrate Judge filed pursuant to such order, along with the record, and pleadings. No
objections to the Report and Recommendation of United States Magistrate Judge 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. Respondent is further ORDERED
to file a supplemental answer within thirty (30) days of entry of this order addressing

the merits of petitioner’s claim.
So ORDERED and SIGNED this 10 day of September, 2012.

___________________________________
Ron Clark, United States District Judge

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