Black v. Martin

Filing 16

MEMORANDUM ORDER adopting the magistrate judge's 14 Report and Recommendation. Signed by Judge Marcia A. Crone on 3/28/2016. (bjc, )

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UNITED STATES DISTRICT COURT FREDERICK BLACK, Petitioner, versus M. MARTIN, Respondent. EASTERN DISTRICT OF TEXAS § § § § § § § § § CIVIL ACTION NO. 1:12-CV-146 MEMORANDUM ORDER ADOPTING THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION Petitioner Frederick Black, formerly an inmate confined at the Federal Correctional Institution at Three Rivers, Texas, proceeding pro se, filed the above-styled petition for writ of habeas pursuant to 28 U.S.C. § 2241. The court previously referred this matter to the Honorable Keith F. Giblin, United States Magistrate Judge, at Beaumont, Texas, pursuant to 28 U.S.C. § 636 and applicable orders of the court. The magistrate judge has submitted a Report and Recommendation of United States Magistrate Judge concerning the petition. The magistrate judge recommends that a motion to dismiss fled by the respondent be granted and the petition dismissed without prejudice as moot. The court has received the Report and Recommendation of United States Magistrate Judge, along with the record, pleadings, and all available evidence. No objections were filed to the Report and Recommendation. 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. The respondent’s motion to dismiss is. GRANTED. A final judgment shall be entered dismissing this petition. SIGNED at Beaumont, Texas, this 7th day of September, 2004. SIGNED at Plano, Texas, this 28th day of March, 2016. ________________________________________ MARCIA A. CRONE UNITED STATES DISTRICT JUDGE 2

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