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, )

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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

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