Gilmore v. Director, TDCJ-CID
MEMORANDUM ORDER OVERRULING OBJECTIONS AND ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION that this petition be dismisse without prejudice. Signed by Judge Marcia A. Crone on 7/29/14. (mrp, )
UNITED STATES DISTRICT COURT
RICKY LANE GILMORE,
EASTERN DISTRICT OF TEXAS
CIVIL ACTION NO. 1:13-CV-439
MEMORANDUM ORDER OVERRULING OBJECTIONS AND ADOPTING
THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Ricky Lane Gilmore, 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 F. Giblin,
United States Magistrate Judge, at Beaumont, Texas, for consideration pursuant to applicable laws
and orders of the court.
The magistrate judge has submitted a Report and Recommendation of United States
Magistrate Judge concerning this matter. The magistrate judge recommends the petition be
dismissed without prejudice.
The court has received the Report and Recommendation of United States Magistrate Judge,
along with the record, pleadings, and all available evidence. Petitioner filed objections to the
Report and Recommendation.
The court has conducted a de novo review of petitioner’s objections in relation to the
pleadings and the applicable law. After careful consideration, the court concludes the objections
are without merit. Petitioner’s challenge to his state court conviction must be pursued in a petition
for writ of habeas corpus filed pursuant to 28 U.S.C. § 2254, rather than in a petition filed
pursuant to 28 U.S.C. § 2241.
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 dismissing the petition.
SIGNED at Beaumont, Texas, this 7th day of September, 2004.
SIGNED at Beaumont, Texas, this 29th day of July, 2014.
MARCIA A. CRONE
UNITED STATES DISTRICT JUDGE
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