Ballester v. Warden FCC Beaumont

Filing 4

MEMORANDUM ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION that this petition for writ of habeas corpus be dismissed without prejudice. Signed by Judge Marcia A. Crone on 1/3/14. (mrp, )

UNITED STATES DISTRICT COURT

JOHN BALLESTER,
Petitioner,
versus
WARDEN, FCC BEAUMONT,
Respondent.

EASTERN DISTRICT OF TEXAS

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CIVIL ACTION NO. 1:13-CV-605

MEMORANDUM ORDER ADOPTING THE MAGISTRATE
JUDGE’S REPORT AND RECOMMENDATION
Petitioner John Ballester, a prisoner confined 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 ordered that this matter be referred 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 recommended that the petition for writ of habeas corpus
be dismissed without prejudice.
The court has received and considered the Report and Recommendation of United States
Magistrate Judge filed pursuant to such order, 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 at Beaumont, Texas, this 7th day of September, 2004.

SIGNED at Beaumont, Texas, this 3rd day of January, 2014.

________________________________________
MARCIA A. CRONE
UNITED STATES DISTRICT JUDGE

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