Frazier v. Woods

Filing 5

ORDER adopting the magistrate judge's 3 Report and Recommendation. Signed by Judge Thad Heartfield on 10/16/2013. (bjc)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
BEAUMONT DIVISION
TOYE DWAYNE FRAZIER

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VS.

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MITCH WOODS, SHERIFF

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CIVIL ACTION NO. 1:13-CV-410

ORDER ADOPTING THE MAGISTRATE
JUDGE’S REPORT AND RECOMMENDATION
Petitioner, Toye Dwayne Frazier, a pre-trial detainee currently confined at the Jefferson
County Jail 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 Zack Hawthorn, United States Magistrate
Judge, at Beaumont, Texas, for consideration pursuant to applicable laws and orders of this court.
The Magistrate Judge recommends this action be dismissed for failure to exhaust state court
remedies.
The court has received and considered the Report and Recommendation of United States
Magistrate Judge filed pursuant to such order, along with the record, and pleadings. 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 recommendations.
SIGNED this the 16 day of October, 2013.

____________________________
Thad Heartfield
United States District Judge