Nunn v. Rivera et al

Filing 5

MEMORANDUM ORDER OVERRULINLG PETITIONER'S OBJECTIONS AND ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION that the petition be dismissed for lack of standing. Signed by Judge Marcia A. Crone on 4/18/12. (mrp, )

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UNITED STATES DISTRICT COURT JOANN NUNN STRICKLAND, Petitioner, versus C. V. RIVERA, et al., Respondents. EASTERN DISTRICT OF TEXAS § § § § § § § § § CIVIL ACTION NO. 1:12-CV-148 MEMORANDUM ORDER OVERRULING PETITIONER’S OBJECTIONS AND ADOPTING THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION Petitioner Joann Nunn Strickland, proceeding pro se, filed this petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241 on behalf of Tyrone Nunn, Sr., her son. The court ordered that this matter be referred to the Honorable Zack Hawthorn, United States Magistrate Judge, at Beaumont, Texas, for consideration pursuant to applicable laws and orders of this court. The magistrate judge has submitted a Report and Recommendation of United States Magistrate Judge. The magistrate judge recommends dismissing the petition for lack of standing. The court has received and considered the Report and Recommendation of United States Magistrate Judge, along with the record, pleadings, and all available evidence. Petitioner filed objections to the magistrate judge’s Report and Recommendation. The court has conducted a de novo review of the objections in relation to the pleadings and the applicable law. See FED. R. CIV. P. 72(b). After careful consideration, the court concludes the objections are without merit. ORDER Accordingly, petitioner’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 will be entered in this case in accordance with the magistrate . judge’s recommendation. SIGNED at Beaumont, Texas, this 7th day of September, 2004. SIGNED at Beaumont, Texas, this 18th day of April, 2012. ________________________________________ MARCIA A. CRONE UNITED STATES DISTRICT JUDGE 2

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