Smith v. Warden et al

Filing 7

MEMORANDUM ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION that the respondent's motion for summary judgment be granted. Signed by Judge Marcia A. Crone on 4/9/14. (dlc, )

UNITED STATES DISTRICT COURT
TIMOTHY SMITH,
Petitioner,
versus
WARDEN, FCC-BEAUMONT,
Respondent.

EASTERN DISTRICT OF TEXAS
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CIVIL ACTION NO. 1:11-CV-693

MEMORANDUM ORDER ADOPTING
THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Timothy Smith, proceeding pro se, filed this 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.
The respondent filed a motion for summary judgment. The magistrate judge has submitted
a Report and Recommendation of United States Magistrate Judge recommending the motion be
granted.
The court has received the Report and Recommendation, along with the record, pleadings,
and all available evidence. No objections were filed to the Report and Recommendation.
ORDER
Accordingly, the findings of fact act and conclusions of law of the magistrate judge are
correct, and the report of the magistrate judge is ADOPTED. The respondent’s motion for
summary judgment is GRANTED. A final judgment shall be entered denying the petition in
.
accordance with the recommendation of the magistrate judge.
SIGNED at Beaumont, Texas, this 7th day of September, 2004.
SIGNED at Beaumont, Texas, this 9th day of April, 2014.

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MARCIA A. CRONE
UNITED STATES DISTRICT JUDGE