Migliaccio v. Martin

Filing 8

MEMORANDUM ORDER adopting #7 Report and Recommendation. Petitioner's motion to dismiss is granted. Signed by Judge Ron Clark on 12/21/11. (tkd, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
BEAUMONT DIVISION
LANCE CLAUDIO MIGLIACCIO

§

VS.

§

M. MARTIN

§

CIVIL ACTION NO. 1:11cv549

MEMORANDUM ORDER ADOPTING THE MAGISTRATE
JUDGE’S REPORT AND RECOMMENDATION
Lance Claudio Migliaccio, 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
Keith F. Giblin, United States Magistrate Judge, for consideration pursuant to applicable orders
of this court.
The Magistrate Judge has submitted a Report and Recommendation of United States
Magistrate Judge concerning the petition. The Magistrate Judge recommends that petitioner’s
motion to dismiss be granted and this petition be dismissed pursuant to Federal Rule of Civil
Procedure 41(a).
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.

Petitioner’s motion to dismiss is

GRANTED. A final judgment shall be entered dismissing the petition.

So ORDERED and SIGNED this 21 day of December, 2011.

___________________________________
Ron Clark, United States District Judge