Pruitt v. Fox

Filing 9

MEMORANDUM ORDER OVERRULING OBJECTIONS AND ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION that the petition be dismissed without prejudice to petitioner's ability to pursue his claims by filing a civil rights action. Signed by Judge Marcia A. Crone on 9/23/13. (mrp, )

UNITED STATES DISTRICT COURT

CURTIS L. PRUITT,
Petitioner,
versus
JOHN B. FOX,
Respondent.

EASTERN DISTRICT OF TEXAS

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CIVIL ACTION NO. 1:13-CV-251

MEMORANDUM ORDER OVERRULING OBJECTIONS AND ADOPTING THE
MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Petitioner, Curtis L. Pruitt, an inmate confined at the Federal Correctional Complex in
Beaumont, Texas, proceeding pro se, filed this petition for writ of habeas corpus pursuant to 28
U.S.C. § 2241.
The court referred this matter to the Honorable Keith Giblin, United States Magistrate
Judge, at Beaumont, Texas, for consideration pursuant to applicable laws and orders of this court.
The Magistrate Judge recommends the petition be dismissed without prejudice to petitioner’s
ability to pursue his claims by filing a civil rights action.
The court has received and considered the Report and Recommendation of United States
Magistrate Judge filed pursuant to such referral, along with the record, and pleadings. Petitioner
filed objections to the Magistrate Judge’s Report and Recommendation. This requires 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 finds petitioner’s objections are without merit.
Petitioner’s claims relate to the conditions of his confinement and do not serve the basis for habeas

corpus relief. Petitioner’s claim, rather, form the basis of a claim under 42 U.S.C. § 1983 and
petitioner must pursue his claims by filing an appropriate civil rights action.
ORDER
Accordingly, the objections of the petitioner 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 recommendations.
.
SIGNED at Beaumont, Texas, this 7th day of September, 2004.

SIGNED at Beaumont, Texas, this 23rd day of September, 2013.

________________________________________
MARCIA A. CRONE
UNITED STATES DISTRICT JUDGE

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