Ayala v. Warden FCC Beaumont Low

Filing 6

MEMORANDUM ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION that this petition be dismissed without prejudice pursuant to FRCP 41(b). Signed by Judge Marcia A. Crone on 11/2/16. (mrp, )

UNITED STATES DISTRICT COURT

STEPHEN AYALA,
Petitioner,
versus
WARDEN FCC BEAUMONT LOW,
Respondent.

EASTERN DISTRICT OF TEXAS

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CIVIL ACTION NO. 1:15-CV-166

MEMORANDUM ORDER ADOPTING
THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Petitioner Stephen Ayala, proceeding pro se, filed the above-styled petition for writ of
habeas corpus. The court previously 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 has submitted a Report and Recommendation of United
States Magistrate Judge recommending the petition be dismissed without prejudice pursuant to
Federal Rule of Civil Procedure 41(b).
The court has received the Report and Recommendation of United States Magistrate Judge,
along with the record, pleadings, and all available evidence. No objections were filed to the
Report and Recommendation.
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 shall be entered
dismissing this petition. If petitioner wishes to have this case reinstated on the court’s active

docket, he may do so by providing the court with a correct address within 60 days of the date set
forth below.
.
SIGNED at Beaumont, Texas, this 7th day of September, 2004.

SIGNED at Beaumont, Texas, this 2nd day of November, 2016.

________________________________________
MARCIA A. CRONE
UNITED STATES DISTRICT JUDGE

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