Nunn et al v. Martin

Filing 6

MEMORANDUM ORDER overruling objections and adopting 2 Report and Recommendation. Signed by Judge Ron Clark on 4/26/12. (tkd, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
BEAUMONT DIVISION
BRANDON NUNN

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VS.

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M. MARTIN

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CIVIL ACTION NO. 1:11cv606

MEMORANDUM ORDER OVERRULING OBJECTIONS AND ADOPTING
THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Brandon Nunn, acting as the agent for his uncle, Tyrone Nunn, Sr., proceeding pro se,
filed the above-styled petition for writ of habeas corpus. The court previously referred this
matter to the Honorable Keith F. Giblin, United States Magistrate Judge, at Beaumont, Texas,
for consideration pursuant to applicable orders of this court.
The Magistrate Judge has submitted a Report and Recommendation of United States
Magistrate Judge concerning this matter. The Magistrate Judge recommends the petition be
dismissed without prejudice. This recommendation was based on the magistrate judge’s
conclusion that Mr. Nunn had not established he was entitled to act as his uncle’s agent or next
friend.
The court has received and considered the Report and Recommendation of United States
Magistrate Judge, along with the record and pleadings. Objections were filed to the Report and
Recommendation.
The court has conducted a de novo review of the objections in relation to the pleadings
and the applicable law. After careful consideration, the court concludes the objections are
without merit.
ORDER
Accordingly, Mr. Nunn’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 shall be entered dismissing the petition in accordance with the

recommendation of the Magistrate Judge.

So ORDERED and SIGNED this 26 day of April, 2012.

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Ron Clark, United States District Judge