Smith v. Vasquez et al

Filing 15

MEMORANDUM ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION that petitioner's motion to dismiss be granted. Signed by Judge Marcia A. Crone on 11/18/13. (mrp, )

UNITED STATES DISTRICT COURT
CHARLES KELVIN SMITH,
Petitioner,
versus
C. VASQUEZ,
Respondent.

EASTERN DISTRICT OF TEXAS
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CIVIL ACTION NO. 1:13-CV-134

MEMORANDUM ORDER ADOPTING THE MAGISTRATE
JUDGE’S REPORT AND RECOMMENDATION
Petitioner Charles Kelvin Smith, an inmate at the Federal Correctional Complex in
Beaumont, Texas, proceeding pro se, brought this petition for writ of habeas corpus pursuant to
28 U.S.C. § 2241.
The court referred this matter to the Honorable Keith F. Giblin, United States Magistrate
Judge, at Beaumont, Texas, for consideration pursuant to applicable laws and orders of this court.
The magistrate judge recommends the petitioner’s motion to dismiss be granted.
The court has received and considered the Report and Recommendation of United States
Magistrate Judge, along with the record, pleadings and all available evidence. No objections to
the Report and Recommendation of United States Magistrate Judge 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 will be entered
in this case in accordance with the magistrate judge’s recommendation.
Signed this date.
Nov 18, 2013