Curtis v. Fox

Filing 5

MEMORANDUM ORDER adopting the magistrate judge's 4 Report and Recommendation. Signed by Judge Thad Heartfield on 2/12/2013. (bjc)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS BEAUMONT DIVISION LACHARLES D. CURTIS § VS. § JOHN FOX § CIVIL ACTION NO. 1:12cv406 MEMORANDUM ORDER ADOPTING THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION LaCharles D. Curtis, 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 Zack Hawthorn, 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 the petition be dismissed without prejudice pursuant to Federal Rule of Civil Procedure 41(b). 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. A final judgment shall be entered dismissing the petition. SIGNED this the 12 day of February, 2013. ____________________________ Thad Heartfield United States District Judge

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